THE GOVERNMENT 
4"s OF INDIANA 

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DEMARCHUS C. BROWN 




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THE GOVERNMENT 
OF INDIANA 



THE GOVERNMENT 
OF INDIANA 



BY 

DEMARCHUS C. BROWN 

STATE LIBRARIAN OF INDIANA J MEMBER OF BOARD OF STATE CHARITIES J 

TRANSLATOR OF "SELECTIONS FROM LUCIAN " J FREUDENTHAL'S 

"AMERICAN PENOLOGY"; COMPILER OF LEGISLATIVE 

MANUAL OF INDIANA FOR 1907 AND 1909 



NEW YORK 

CHARLES SCRIBNER'S SONS 

1912 



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Copyright, 1912, by 
CHARLES SCRIBNER'S SONS 




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PBEFACE 

The temptation to express individual judgment on the 
merits and results of constitutional provisions in Indiana is 
very great. The object of the present book is not to do that, 
but to give the facts, and that in outline, for the use of schools. 
For the grammar grades these simple facts are enough, in the 
opinion of the writer. The high school student must think and 
investigate somewhat for himself. He should make the refer- 
ences carefully. The teacher will assign other books which 
should be read with interest. The Commonwealth of Indiana 
is now old enough to have a profound interest in the history and 
government of the State. Pupils in the public schools ought to 
be encouraged and instructed in the study of early Middle West 
affairs. Popular government is yet in a formative, even cha- 
otic, condition. The leading facts about the form of the govern- 
ment must therefore be taught to students in the grades and 
high schools. That is the object of this small volume. 

Demarchus C. Brown. 
January, 1912. 



REFERENCES 

These references are intended primarily for the teacher, who 
should choose the chapter or paragraph bearing directly upon 
the subject under discussion and encourage the pupils to read 
more than is given in this small manual. The intelligent en- 
thusiasm of the teacher will decide whether the pupils become 
interested and learn much about this subject of civil government. 

GENERAL 

Boone — History of Education in Indiana. 

Bryce — The American Commonwealth. 

Burnet — Early Settlement of the Northwest Territory. 

Cockrum — Pioneer History of Indiana. 
\ DeTocqueville — Republic of the United States of America. 
•^Dillon — History of Indiana. 
XDunn — Indiana. 

English — The Conquest of the Northwest. 

Hinsdale— The Old Northwest. 

Indiana Board of State Charities — Reports. 
x Indiana Documents. 
A Indiana Historical Society — Publications. 
^■Indiana Quarterly Magazine of History. 

Levering — Historic Indiana. 

Lieber — Civil Liberty and Self Government. 

McCarty — Territorial Governors of the Old Northwest. 

Poore — Charters and Constitutions. 

Roosevelt — Winning of the West. 

Slocum — The Ohio Country. 

Thwaites — How George Rogers Clark Won the Northwest. 

Wilson— The State. 

Winsor — The Westward Movement. 

Winsor — The Mississippi Basin. 

vii 



viii REFERENCES 



THE CONSTITUTION 

Debates and Proceedings of the Constitutional Convention of 1850. 

Dodd — Review and Amendment of State Constitutions. 

Hendricks — History and Civil Government of Indiana. 

Hitchcock — American State Constitutions. 

Howard — Local Constitutional History of the United States. 

Jameson — The Constitutional Conventions. 

Lindley — Civics of Indiana. 

Rawles — Centralizing Tendencies in the Administration of Indiana. 
~*Rawles — Civil Government of Indiana. 

Stimson — Federal and State Constitutions of the United States. 
v Thornton — The Constitutional Convention of 1850. 

Thornton — The Government of the State of Indiana. 

Thorpe — Federal and State Constitutions. 

COUNTY AND CITY 

Hendricks — History and Civil Government of Indiana. 

Howe — The City: The Hope of Democracy. 

Lindley — Civics of Indiana. 

National Municipal League — Proceedings. 

Rawles — Centralizing Tendencies in the Administration of Indiana. 

Rawles — Civil Government of Indiana. 



CONTENTS 

PAGE 

Preface, v 

References, vii 

CHAPTER 

I.— History and Organization, 1 

Ordinance of 1787, 1 

Preamble and Bill of Rights, 3 

II. — Legislative Department, 6 

III. — Executive Department, 10 

Administrative Officers, Boards, and Commissions — Ap- 
pointive, 14 

State Institutions, 23 

IV. — Judicial — The Courts, 26 

V. — Local Government, 30 

County Officials — Elective, 31 

County Judiciary, 34 

Appointive County Officials, 34 

The Township, 38 

City and Town Government, . 39 

The City, 40 

Elective — Executive, 41 

Appointive Administrative Departments, 42 

ix 



x CONTENTS 

APPENDICES 

PAGE 

A. — List op Governors, 47 

B.— The Ordinance of 1787, 49 

C. — Constitution op the State op Indiana, 52 

Index 77 



THE GOVERNMENT 
OF INDIANA 



THE GOVERNMENT OF INDIANA 

CHAPTER I 

HISTORY AND ORGANIZATION 

In 1783 Virginia ceded all her claims to the Northwest Ter- 
ritory to the United States. Virginia had claimed ownership, 
and justly, too, because George Rogers Clark, one of her citizens, 
had wrested the western country from the British, who had 
taken it from the French, the first settlers. La Salle, as early as 
1669, had explored the Ohio, and some years later he passed 
up the Wabash. The first trading posts in what is now Indiana 
were established at Ouiatanon, just below Lafayette, in 1720, 
and seven years later Vincennes was settled. These posts were 
under the control of the French officials in Canada. Prior to 
the settlements of the French the whole western country was in 
the possession of the Indians. Savage Indian chiefs, the French 
King, the King of England, the Federal Government, and the 
present State Government, have controlled the territory known 
as the Commonwealth of Indiana. Even the New England col- 
onies and New York, as well as Virginia, before 1787, laid claim 
to this territory, but really had no civil control over it. The or- 
dinance of 1787, superseding the ordinances of 1784 and 1786, 
which had been without results, is of the most value in studying 
the formative period of our government. 

Ordinance of 1787 

A Governor, Legislative Council of five members, Secretary 
and Judges, were to be appointed by Congress. A House of 
Representatives of at least ten was chosen by the people. 

1 



2 THE GOVERNMENT OF INDIANA 

Religious freedom is granted. 

Schools are encouraged. 

Good faith shall be kept with the Indians. 

Not more than five States shall be formed from the Northwest 
Territory. 

There shall be neither slavery nor involuntary servitude ex- 
cept for the punishment of crime. 

Trial by jury, habeas corpus, and bail shall always be granted. 

Boundary lines are fixed for future States in this territory 
whenever 60,000 inhabitants have settled there. 

The present government of Indiana is largely based on this 
ordinance. 

In 1787 Arthur St. Clair was chosen Governor, and three 
Judges were named with jurisdiction over this Northwest Ter- 
ritory. Vincennes was the capital. 

Twenty-two delegates to a General Assembly and a council 
of five were named in 1798. These delegates organized a legis- 
lative body in 1799. Later, in 1800, Indiana Territory was con- 
stituted and defined as all of the Northwest Territory west of 
w T hat is now the eastern line of Indiana. 

The government of Indiana Territory began in 1800, at Vin- 
cennes, with William Henry Harrison as Governor. There 
were several attempts to modify the slavery clause in the 
1787 ordinance, but to the credit of the people, these were all 
frustrated. 

Indiana Territory was made smaller and smaller as the years 
went on. In 1805 Michigan was detached, and in 1809 Illinois. 
In a few years, as the population increased, the demand for 
statehood was heeded, and in 1814 Congress passed an en- 
abling act, which was followed in 1816 by the First Constitu- 
tional Convention sitting at Corydon. There were forty-three 
members. 

This was superseded by the present Constitution, which was 
framed by the Constitutional Convention of 1850-51, and ap- 
proved by the people at a popular election. 



HISTORY AND ORGANIZATION 3 

Preamble and Bill of Rights 

The Preamble. — In the Constitution of Indiana, the pre- 
amble expresses what is common to all such articles, namely, 
that justice should be established, public order maintained, and 
liberty perpetuated; and further, that the people of the State of 
Indiana are grateful for the right to choose their own form of 
government. 

Bill of Rights. — The following points are covered in this, 
evidently, in part, a copy of the Declaration of Independence 
and the Federal Constitution: 

All men are created equal. All power is inherent in the peo- 
ple, who have at all times a right to alter their government. 

All men have a right to worship God according to the dictates 
of their own consciences, and no law shall interfere with the 
exercise and enjoyment of religious views. No law shall give 
preference to any creed, society, or mode of worship. No 
religious test shall be required. No money shall be drawn 
from the public treasury for the benefit of any religious in- 
stitution. 

The laws shall not restrain the interchange of opinion nor 
restrict the right to speak on any subject whatever. 

All citizens shall be secure in their persons and houses, and 
shall not be subject to search or seizure without due warrant. 
Every man shall have a right in due course of law to preserve 
his property or reputation. The courts shall be open. An 
accused person shall have the right to a public trial and to 
meet his accusers face to face. No person shall be subject to 
trial twice for the same offence, nor be compelled to testify 
against himself. 

Cruel and unusual punishments shall not be inflicted. The 
penal code shall be founded on the principles of reformation and 
not vindictive justice. Trial by jury shall always remain in- 
violate. No man's property shall be taken by law without 
compensation. 



4 THE GOVERNMENT . OF INDIANA 

The General Assembly may not grant privileges to any citizen 
which shall not equally belong to all citizens. No law shall be 
passed impairing the obligation of contract. The writ of 
habeas corpus shall not be suspended. Treason shall consist 
only in levying war against the State. 

No law shall restrain the inhabitants of the State from assem- 
bly in a peaceable manner, nor from applying to the Legislature 
for redress of grievances. 

The military shall always be kept in subordination to the 
civil power. No soldier shall, in time of peace, be quartered in 
any house without the consent of the owner. 

The Legislature shall not grant any title of nobility nor confer 
hereditary distinction. There shall not be any slavery nor in- 
voluntary servitude within the State, except for the punish- 
ment of crime. 

There are many points in this Bill of Rights which deserve 
very careful attention. Many of them are far in advance of the 
time in which they were adopted. They are, in fact, the lead- 
ing part of the whole Constitution. 

Suffrage and Election. — Elections shall be free and equal. 
Every male citizen, twenty-one years old, who shall have resided 
in the State six months, in the township sixty days, and in the 
precinct thirty days, preceding the election, shall have the right 
of suffrage. If a foreigner shall have resided in the United 
States one year, and shall have fulfilled the above requirements, 
and shall have declared his intention to become a citizen of the 
United States, he shall be entitled to vote. 

Every person who shall have given or offered a bribe, threat 
or reward to procure his election shall be disqualified from hold- 
ing the office for which he may have been elected. No person 
who is a collector or holder of public funds shall be eligible to 
any office until he shall have accounted for and paid over all 
sums for which he may be liable. All citizens shall be free 
from arrest in going to elections and returning from them. 
All elections by the people shall be by ballot. All State elec- 



HISTORY AND ORGANIZATION 5 

tions shall be held on the first Tuesday after the first Monday 
in November. 

The Bill of Rights, as summed up above, and the sections on 
Suffrage and Election take up the first two articles of the Con- 
stitution. 

Article III. By this article, the powers of government are 
divided into three departments: the Legislative, the Executive 
(Administrative), and the Judicial. 

Article IV of the Constitution, with thirty sections, is devoted 
to the Legislative Department. 

Article V, with twenty-four sections, to the Executive 
Department. 

Article VI, ten sections, to the Administrative Department, 
which is really a part of the Executive Department. 

Article VII, to the Judiciary, in twenty-one sections. 

Article VIII is devoted to Education. The State Insti- 
tutions are covered in Article IX; Finance in Article X; 
Corporations in Article XI; the Militia in Article XII. 
Article XIII discusses in one section, Political and Municipal 
Corporations. Boundaries are defined in Article XIV. All 
other topics except Amendments are given in Article XV, en- 
titled " Miscellaneous/' while Article XVI defines the method 
of Amendment. 



CHAPTER II 
LEGISLATIVE DEPARTMENT 

The Two Houses. — According to the Constitution, there shall 
be a Senate and a House of Representatives. The Senate shall 
have no more than fifty, and the House of Representatives no 
more than one hundred members. Senators shall be elected for 
a term of four years and Representatives for two years. A pro- 
vision is made that the Senators shall be divided by lot into two 
equal classes; so that twenty-five shall be elected every two years. 
The result of this is that there are always twenty-five experienced 
members in the Legislature. Senators and Representatives 
must be citizens of the United States and at least twenty-five 
and twenty-one years of age respectively. 

The number of Senators and Representatives shall be ap- 
portioned among the counties according to the number of 
voters in each. Districts are then made according to this 
enumeration. 

Rights of Members. — Privilege from arrest is granted to all 
members of the Legislature during its sittings, nor shall the 
members be subject to any civil process during the sitting of the 
Assembly, nor during the fifteen days immediately preceding the 
same. A member shall not be questioned for any speech or de- 
bate in either House, except in the House itself. 

Sessions. — Biennial sessions of the General Assembly must 
be held at the capital of the State, beginning on the Thursday 
after the first Monday of January every second year after 1853. 
The Assembly, however, has the right to name a different day 
or place by law. A special session may be called by the Gover- 
nor if he believes that the public welfare requires it. Sixty-one 
days is the limit of the regular session, forty of the special. 

6 



LEGISLATIVE DEPARTMENT 7 

Officers. — Each house shall choose its own officers and shall be 
the judge of the election and qualification of its own members, 
and may determine its own rules of procedure. The Senate 
chooses its secretary, clerks, and doorkeepers just as the House 
does, but not its presiding officer, which position the Lieutenant- 
Governor fills. The House selects its own presiding officer, the 
Speaker. 

Miscellaneous Duties of the Two Houses. — Each house 
shall keep a Journal of its Proceedings which must be published. 
Two-thirds of the members constitute a quorum. A smaller 
number, however, may meet and adjourn from day to day and 
compel the attendance of absent members. The doors of each 
house shall be kept open. The members may be punished by 
either house and even expelled by a two-thirds vote. Persons 
who are not members may be imprisoned by either house for 
disorderly behavior in its presence. Bills for raising revenue 
shall originate in the House of Representatives. All other bills 
may be introduced in either house. 

Method of Law-Making. — Every bill shall be read by sec- 
tions on three separate days unless, in case of emergency, two- 
thirds of the members dispense with this rule. The vote on the 
passage of every bill shall always be by yeas and nays. A ma- 
jority of all the members of each house shall be necessary to pass 
a bill and all bills so passed shall be signed by the presiding 
officers. Every bill shall cover but one subject and that must be 
expressed in the title. By the rules of the two houses, a bill im- 
mediately after introduction is referred to an appropriate com- 
mittee which reports for or against its passage or for its amend- 
ment and passage. 

Local and Special Laws. — The Legislature is prohibited from 
passing local or special laws on the following subjects : 

The jurisdiction and duties of Justices of the Peace and Con- 
stables; the punishment of crimes and misdemeanors; prac- 
tice in Courts of Justice; change of venue in civil and criminal 



8 THE GOVERNMENT OF INDIANA 

cases; divorces; changing the names of persons; laying out, open- 
ing, and working highways; vacating roads, plats, streets, alleys, 
and squares; summoning and impanelling juries; the election 
of county and township officers; the assessment and collection 
of all taxes; the common schools and school funds; fees and sal- 
aries; interest on money; elections of all State and local officers, 
and the places of holding elections; the sale of real estate be- 
longing to minors. 

Putting the matter in another way, all laws on the above- 
named subjects must apply to the whole State. 

Pay of Members. — The members of the Legislature shall 
receive compensation fixed by statute. This compensation, 
however, shall not be increased during the session at which 
an increase may be made. The pay of a member, six dollars 
per day at present, does not extend beyond the terms of the 
session, namely, sixty-one days, nor of a special session, the 
limit of which is forty days. During the term for which a 
member may have been elected, he shall not be eligible to any 
office by election, nor shall he be appointed to any office of 
profit. 

Committees. — The list of committees appointed in the two 
houses covers all the subjects on which there may be legisla- 
tion. They are approximately the same in each house. The 
important committees are as follows: 

Finance, Ways and Means in the House. City of Indianap- 
olis. Corporations. Banks. Fees and Salaries. Judiciary. 
Education. Benevolent Institutions. Public Health. Rail- 
roads. Agriculture. Elections. Labor. Public Libraries. 
Public Morals. Congressional Apportionment. Legislative 
Apportionment. Insurance. Public Printing. Prisons. Riv- 
ers and Waters. 

There are also a few joint committees. For instance, com- 
mittees on enrolled bills, public buildings, and rules. 



LEGISLATIVE DEPARTMENT 9 

Election of United States Senators. — The General Assem- 
bly has put upon it by the United States Constitution the spe- 
cial duty of electing United States Senators. 

Questions 

Why was Indiana Territory so named ? 

What do you consider the most important points in the Ordinance of 
1787? 

Who wrote this ordinance? 

What States have been made from the Northwest Territory? 

What people have governed this territory? 

Who governs it now? 

What is a Bill of Rights? 

Do you think the principles laid down in the Bill of Rights are prac- 
tised now? 

If a candidate promises an official position in order to secure votes 
for himself, should be be disqualified from holding office ? 

Give a brief outline of the Constitution. 

What should a Constitution contain? 

Should it be easily changed ? Give reasons for your answer. 

Why are two houses necessary in the legislative department ? 

Is there any reason why Senators should serve four years and Repre- 
sentatives two? 

Is sixty days too long or too short for a sitting of the Assembly ? 

What is the Journal of the Senate or House ? 

Where must bills for raising revenue originate ? Why ? 

What method is used to prevent the rushing of a bill through the two 
houses ? 

Who appoints the committees ? On what basis ? 

May the legislature order the United States Senators from Indiana to 
vote in a certain way in the United States Senate? 

What privileges do members of the Legislature have ? 

What is a "special law"? 

How many members of the Legislature are there? 

How much are the members paid ? 

Describe the process of making a law. 

Name some important committees of the Legislature. 

What are the duties of these committees ? 



CHAPTER III 

EXECUTIVE DEPARTMENT 

The Governor. — The Governor is the Chief Executive of the 
State. He serves for four years, and shall not succeed himself. 
No person shall be eligible to the office of Governor unless he 
has been a citizen of the United States for five years, and of 
Indiana for five years immediately preceding his election. 

He shall be at least thirty years of age. The following duties 
are imposed upon the Governor: 

First: He shall take care that the laws be faithfully executed. 

Second: He shall have the power to grant reprieves, commuta- 
tions, and pardons for all offences except treason and impeach- 
ment, subject, of course, to the law. 

Third: He shall be the Commander-in-Chief of the military 
forces of the State, and may call out such forces to execute the 
laws. 

Fourth: He shall give to the Legislature in the form of a 
message information on the condition of the State, and recom- 
mend whatever measures he thinks proper. 

Fifth: He shall sign all bills which have passed the General 
Assembly. If he does not sign, he must return the bill with his 
objections to the house in which it originated. This house 
shall enter the Governor's objections on its journals and may 
then reconsider the bill and by a majority of the members pass it 
over the Governor's veto. 

Sixth: The Governor shall appoint certain heads of depart- 
ments and members of Boards and Commissions according to 
law. (These will be pointed out further on.) 

Seventh : He shall issue writs of election to fill vacancies which 
may occur in the General Assembly. 

10 



EXECUTIVE DEPARTMENT 11 

The term of office of the Governor shall commence on the 
second Monday in January in every fourth year after 1853. 

If the capital of the State should be in danger from disease or 
from a public enemy, the Governor may convene the Legislature 
at some other place. The salary of the Governor shall be fixed 
by law and shall not be increased nor diminished during his 
term of office. 

The Lieutenant-Governor. — The Lieutenant-Governor is 
elected at the same time as the Governor and members of the 
Legislature and serves for four years. 

The same conditions of citizenship are required as of the 
Governor. The Lieutenant-Governor shall be the President of 
the Senate and shall serve as Governor if the Governor be re- 
moved from office or if he is unable to discharge the duties of 
the office. In such a case as this, the Senate shall select one of 
its own members as its presiding officer. As presiding officer of 
the Senate, the Lieutenant-Governor has the right to join in 
debate in committee of the whole, and to vote. Otherwise, he 
shall give the casting vote whenever the Senate is equally divided. 
The compensation of the Lieutenant-Governor is fixed by law 
and is the same as that of the Speaker of the House of Repre- 
sentatives. In the case of contested elections for either Governor 
or Lieutenant-Governor, the decision shall rest with the General 
Assembly. Neither the Governor nor Lieutenant-Governor shall 
be eligible to any other office during the term of service for which 
he shall have been elected. 

Other Elective Officers. — The Constitution provides for the 
election of a Secretary of State, an Auditor, and Treasurer, to 
serve for two years. They may, however, be re-elected, but only 
for four years in any period of six. Their duties are implied by 
their titles. 

Secretary of State. — The public records of the State are kept 
by this officer. He attests the signature of the Governor. All 
articles of incorporation are granted and the record of them 
kept in this office. The Secretary of State keeps the enrolled 



12 THE GOVERNMENT OF INDIANA 

bills of the General Assembly and publishes and distributes the 
Session Laws. Like all other State officials, he makes a report 
to the Legislature. The requirements of his office are defined 
in detail by law. He is a member of the State Board of Tax 
Commissioners and the Commissioners of Public Printing. 

Auditor of State. — This official is the State's bookkeeper. 
He keeps the accounts of the State with the counties, the 
United States, and other States. All warrants on the State's 
funds are drawn by him in accordance with appropriation acts 
passed by the Assembly. He collects the money due to the State. 
Insurance companies, State banks, and building and loan asso- 
ciations report their condition to him. Bank examiners are 
appointed by the Auditor. The land records are also under 
his charge. The Auditor is a member of several commissions 
which w r ill be mentioned further on. 

Treasurer of State. — The Treasurer gives a large bond that 
he will keep safely the funds of the State. At present, however, 
the money is deposited in banks — named according to law — and 
the interest belongs to the public. Money is paid into the 
treasury through an order of the Auditor, and may be paid out 
only on a warrant of the same officer specifying the party to 
receive it and the fund from which it is drawn. No money can 
be paid unless duly appropriated by the Legislature. The 
Treasurer must by law publish in the newspapers at stated 
times the condition of the State's funds, and must make a 
biennial report to the Legislature. The fiscal year of the State 
begins October first. All unexpended balances are transferred 
to the general fund at the end of the fiscal year. 

Attorney-General. — This officer represents the State in all 
legal matters. He interprets the law for all State officials and 
advises the Legislature as to the constitutionality of a proposed 
law. He defends the commonwealth in all of its suits in court 
and serves as prosecutor for the State. He collects forfeitures, 
fines, or fees due the State. This office was created by law in 
1855. The term is two years. 



EXECUTIVE DEPARTMENT 13 

Geologist. — According to law, the State Geologist must be 
a geologist and natural scientist. He is the Curator of the State 
Museum of Geology and Natural History. He is required to 
make geological surveys of the State and collect and publish 
information about the natural resources of the State. These 
facts are presented in his Geological Reports. The Geologist 
is elected for four years. 

State Superintendent of Public Instruction. — This very 
important position is subject to nomination by political parties. 

This official is elected for a term of two years, without any 
limitation as to the number of terms. His duties cover all the 
subjects bearing on public education and the distribution and 
use of funds for that purpose. The school laws and their admin- 
istration are subject to the interpretation of the Superintendent of 
Public Instruction. He must compile statistics of the schools and 
report biennially to the Legislature the condition of the school 
revenue and school property. The school funds of the various 
counties are also subject to his inspection. He is the President 
of the State Board of Education. According to the Constitu- 
tion, the Legislature may add to his duties. The official force 
under the Superintendent of Public Instruction includes trained 
people to assist in the supervision of the common schools in the 
State. 

Statistician. — This office was not established by the Consti- 
tution, but by law in 1879. The object is to collect and present 
general statistics on labor, social conditions, manufacturing, 
mining, and all the interests of the State. These must be re- 
ported to the Governor and to the General Assembly. By a 
recent law, an Employment Bureau is under the control of this 
office. In this, with its departments in different sections of the 
State, men and women out of employment may be registered, 
and persons looking for workingmen or help of any sort may 
register in this office. 

Clerk of the Supreme Court. — This officer is elected by 
popular vote. He preserves the records of the Supreme Court 



14 THE GOVERNMENT OF INDIANA 

and issues the writs of that court. His term of office is four 
years. 

Reporter of the Supreme Court. — The law of 1875 estab- 
lished the office of Reporter of the Supreme Court, to serve for 
four years. All decisions of the Supreme and Appellate Courts 
are arranged and printed by this officer. 

The last two officers mentioned belong properly to the courts; 
but, as they are classed as State officials, it js not out of place to 
put them in the list of elective officers. 

All State officers may be removed from office for crime, in- 
capacity, or negligence, either by impeachment by the House of 
Representatives with the Senate as a trial court or by a joint 
resolution of the General Assembly. This must, however, be 
done by a majority of two-thirds of the members. 



Administrative Officers, Boards, and Commissions 

appointive 

State Board of Health. — This Board has three divisions: 
the first may be called the State Board of Health. It consists 
of five members, four of w r hom are appointed by the Governor, 
Secretary of State, and Auditor of State. These four elect the 
fifth member who becomes the Secretary of the Board. He is 
the Chief Health Officer of the State. The duties of the Board 
are varied: It must keep a record of all births and deaths, 
of all infectious diseases, and must keep a complete record of the 
vital statistics of the State. The Board of Health has the right of 
inspection of the public school buildings of the State with power 
to close them if they are not kept in a sanitary condition. The 
health officers of the various townships are under the super- 
vision of this State Board. The second department is called the 
State Laboratory of Hygiene, Food, and Drugs, and is in charge 
of a Commissioner and Chief Chemist appointed by the Board of 
Health. This department is charged with the examination of 



EXECUTIVE DEPARTMENT 15 

foods and drugs as manufactured and sold in the State of Indiana. 
By a recent law, the weights and measures are under control of 
this department. The third department is the Bacteriological 
Department in charge of a superintendent appointed by the 
Board. In this department microscopical examinations of 
bacteria and germs are made to find the cause and nature of 
diseases. It takes a large staff of trained physicians, chemists, 
pathologists, and inspectors to conduct the work of this Board 
in a proper manner. 

State Board of Medical Registration and Examination. — 
The law of 1897 established this Board. There are six members 
appointed by the Governor, for a term of four years each. The 
granting of licenses to practice medicine rests entirely with the 
power of this Board. They must by certain rules and regula- 
tions decide upon the fitness of applicants to practice in the State 
of Indiana. This is now done by examination even after the 
applicant has received his medical degree. 

State Board of Education. — There are eleven members of 
this Board — eight of them ex-officio, namely, the Governor, 
Superintendent of Public Instruction, the Presidents of the three 
State Schools, and the Superintendents of Schools of the three 
largest cities in the State. Three more are appointed by the 
Governor from persons actively engaged in educational work. 
This Board has the authority to examine teachers for licenses in 
all the counties of the State, and has also the general supervision 
of the administration of the schools. It serves as a Board of 
School Book Commissioners, to adopt text-books for the schools 
of the State. The Board prescribes courses of study and desig- 
nates and classifies certain schools which shall have the power 
to give normal instruction. High schools receive their com- 
missions and certificates from the Board of Education. This 
Board also elects five trustees of Indiana University. 

The State Board of Education sits as a State Library Board 
with power to elect the State Librarian and to receive reports 
from him. 



16 THE GOVERNMENT OF INDIANA 

Public Library Commission. — Instruction in library work 
for persons in public libraries, travelling libraries, the organiza- 
tion of public libraries, and biennial reports from all libraries 
of Indiana, make up the duties of the Commission. The mem- 
bers, three in number — appointed by the Governor, — serve 
for three years without pay. They select a head organizer with 
assistants, all of whom are trained for library work. A biennial 
report is rendered to the Governor and the Legislature. A 
library summer school is held every year. 

State Librarian. — This official is chosen by the State Board 
of Education, sitting as a Library Board. He serves for two 
years. The Library under his control is for reference purposes, 
but the law permits the lending of books in the discretion of the 
Librarian. References and advice about books of all kinds are 
made and given to all libraries and citizens in the State. All 
documents (except laws) and reports of departments must be 
kept on file and distributed by this office. All United States 
Reports also are deposited here for the use of everybody. Books 
for the blind are loaned to blind readers in the State. The 
Legislative Reference Department is a part of the State Library. 
Its duties are defined by law to be the collection, classification, 
and cataloguing of reports, books, articles, laws, everything that 
will assist the legislator and public official in their work. The 
drawing of bills upon request is also permitted. The head of 
this department must be educated in political science, trained 
in comparative legislation, and experienced in legislative refer- 
ence work in a good library. 

Board of State Charities. — This Board was created by the 
law of 1889. There are six members, appointed by the Governor 
to serve for three years. The Governor is ex-officio member 
and Chairman of the Board. The duties of this Board are very 
broad, covering the inspection and supervision of all charitable 
and correctional institutions in the entire State, including city 
and county, and private institutions if children are cared for in 
them. The work of finding homes for and placing dependent 



EXECUTIVE DEPARTMENT 17 

children in homes belongs to the department of this Board's 
work known as the State Agency. Members of the Board of 
State Charities serve without pay. The Secretary, who is chosen 
by the Board, and all the agents and office force are paid. The 
plans for county jails and infirmaries must be approved by this 
Board before building can proceed. The Board issues a quar- 
terly bulletin as well as regular reports. Charges filed against 
any institution are investigated by the Board of State Charities 
either at its own discretion or by direction of the Governor. The 
Township Poor Relief reports are kept on file in this office. In 
addition, the name and history, as far as it can be known, of 
every inmate of every institution in the entire State is filed here 
for public reference. 

Truancy Board. — Two members, ex-officio, compose this 
Board — the Secretary of the Board of State Charities and a 
member of the State Board of Education selected by that Board. 
They have general supervision over the execution of the truancy 
laws. 

Board of Pardons. — Though the Governor has the power 
to pardon given him by the Constitution, the law of 1903 estab- 
lished a State Board of Pardons of three members appointed by 
the Governor to serve four years. They shall carefully examine 
into all petitions for pardon which are submitted to the Governor 
and report their conclusions and recommendations to the Gover- 
nor, who then acts as he thinks best. 

The members are paid $300 per annum with expenses. 

State Board of Tax Commissioners. — This is the Board 
which fixes the valuation for taxation of railroads, express com- 
panies, traction lines, telegraph and telephone lines, and other cor- 
porations which give public service. Two members are ex-officio : 
the Auditor and the Secretary of State. Three are appointed by 
the Governor (not more than two from one party), for a four- 
year term. The counties must be visited once a year by a mem- 
ber of this Board to listen to complaints and collect information 
of the workings of the law. The decisions of the County Board 



IS THE GOVERNMENT OF INDIANA 

of Review may be appealed to this Board. The assessment of 
real estate in the counties is reviewed and equalized by this Board. 

Board of Finance. — Various laws define the duties of this 
Board which consists of the Governor, the Auditor, and the Treas- 
urer of State. Naturally, their labors are connected with the finan- 
cial policy to be adopted by the State during a given administra- 
tion. They carry into effect the depository law and designate the 
banks where the State's funds must be deposited. The Auditor 
is the Secretary of the Board. The sessions must be public. 

Commissioners of Public Printing. — This is an ex-officio 
Board consisting of the Governor, the Secretary of State, the 
Auditor of State, and the Reporter of the Supreme Court. It 
is responsible for all the printing and binding ordered by the 
Legislature, Boards, Commissions, and Institutions. All station- 
ery used by the various offices must be ordered through the clerk 
in charge of this office, w T ho is chosen by the Commissioners. 

The Railroad Commission. — The members of this Commis- 
sion, three in number, serve four years, receiving their appoint- 
ment from the Governor. They have inspectors to assist them. 
They inquire into railway and traction accidents, regulate freight 
and passenger tariffs and car service, and in general supervise 
the railway service in the State. 

The Public Accounting Board. — A chief examiner and his 
deputy examiners are named by the Chief Executive of the 
State to serve for four years. The Chief Examiner by examina- 
tion appoints accountants to attend to the detail work. They 
inspect the books and accounts of all public officials in Indiana, 
township, city, county, and State. They establish a uniform sys- 
tem of accounts for all these offices. This board was established 
by law in 1909. A very important service is rendered by these 
examinations. The Board of Accounts, to whom the examiner 
reports, is composed of the Governor, the Auditor, the Treas- 
urer, and the State Examiner. 

The Adjutant-General. — This officer with the Quartermaster- 
General and the Commissary-General is appointed for four years 



EXECUTIVE DEPARTMENT 19 

by the Governor. They must have military training and execute 
all orders given by the Commander-in-Chief. All records, funds, 
and supplies are under the charge of these officers. 

The National Guard. — Article XII of the Constitution pro- 
vides that all able-bodied citizens between 18 and 45 years of 
age may be enrolled in the militia. The divisions into brigades, 
regiments, battalions, and companies, and the ranking of officers 
shall be determined by the Legislature. Persons who are consci- 
entiously opposed to carrying arms may be excused, but they must 
pay for the exemption, the amount to be fixed by law. All militia 
officers above major are appointed by the Governor, who is ex- 
officio Commander of the military forces of the State. The law 
provides for the organization of infantry, artillery, cavalry, hos- 
pital corps, engineers, signal corps, and military bands. If it is 
necessary to enforce the law, suppress a mob or insurrection, the 
Governor may call out this militia. Local officials, as sheriffs, 
judges of courts, or mayors of cities, may call upon the Gov- 
ernor to send the troops if they are unable to enforce the law. 
There is a Major-General in direct command of the National 
Guard. 

The Legislative Investigating Committee. — Indiana is 
alone in having this official body. Ten days after the election of 
members of the General Assembly the Governor appoints two 
members of the House and one Senator to serve on this Com- 
mittee. They visit every State Institution, and office of every 
Board, Commission, and State Officer, and not only take their 
written statements as to their financial needs for the next bien- 
nial period, but also inspect for themselves. Their report is 
made to the legislature and from it the finance committees of 
the two houses decide, in a large measure, upon the needed 
appropriations. 

State Bureau of Inspection. — This Bureau was established 
in 1911 and takes the place of the Factory Inspector, Inspector 
of Mines, and Labor Commissioners. There is a Chief Inspector 
in charge of three departments: Department of Inspection of 



20 THE GOVERNMENT OF INDIANA 

Buildings, Factories and Workshops; Department of Inspection 
of Mines and Mining; Department of Inspection of Boilers. 
The Governor appoints the Chief and the deputies for four 
years. The deputies may appoint assistants. An experience of 
ten years is necessary for the deputies and assistants. Written 
reports of all inspections shall be filed. 

Commissioner of Fisheries and Game. — The duties of this 
officer are plainly indicated in the title of the office. The pro- 
tection and propagation of fish, game, animals, and birds, and 
the execution of the laws on the subject are comprised in his 
work. He may appoint deputies in the counties to assist him. 
The Governor appoints him for two years. 

Entomologist. — The fruit, shade, and ornamental trees of 
Indiana are under the protection of the State Entomologist. 
His reports and bulletins, in which plant diseases are fully dis- 
cussed, are circulated among the people. By the law of 1909 
this officer is State inspector of apiaries. All information will be 
sent on request. The Governor appoints this official for a term 
of four years. 

Custodian of the State House. — This officer is in charge 
of the Capitol, its equipment, and the grounds surrounding it. 
He is appointed by the Governor, the Secretary of State, and the 
Auditor of State serving as a board in charge of public buildings. 

Notaries Public. — Their term is four years. Their appoint- 
ment comes from the Governor and their pay from fees. They 
administer oaths and certify the signing of deeds, affidavits, 
depositions, and all legal papers. 

Board of Forestry. — The Secretary of this Board must be 
trained in the knowledge of trees and their preservation. There 
are four members besides the secretary, all of whom are selected 
by the Governor. There is a Forest Reservation owned by the 
Commonwealth in the southern part of the State. The business of 
this Board is to preserve and renew the timber lands of the State. 

Oil Inspector. — All mineral or petroleum oil, whether manu- 
factured or sold in this State, must be inspected. By the law of 



EXECUTIVE DEPARTMENT 21 

1903 the Governor shall appoint a chief inspector or supervisor 
to serve for four years. This supervisor shall appoint one in- 
spector in each congressional district. The Governor has the 
right to remove his appointee whenever he is unfaithful in his 
duties. The oil inspectors do not receive a salary from the State. 
Their pay comes from fees for inspections, the amount of which 
is fixed by law. 

State Veterinarian. — The health of the domestic animals of 
the State and the prevention of contagious diseases among them 
rests with the State Veterinarian who is appointed by the Gover- 
nor for four years. He has the power to employ assistants to 
carry out the provisions of the law. The Governor, Auditor 
of State, and Treasurer of State shall fix the salary of this 
official provided that it shall not exceed $1,200. These State 
officials have the authority also to audit the accounts of the 
veterinarian. 

Registration and Examination of Nurses. — Five nurses, 
named by the Governor and serving for three years, compose 
the State Board of Registration and Examination of Nurses. 
The County Clerk issues a license to any one who passes the 
examination fixed by this board for trained nurses. 

Board of Embalmers. — By the law of 1901, this consists of 
five persons named by the Governor to serve four years. They 
receive a per diem and actual expenses. They examine all 
applicants for the position of caring for dead bodies. A small 
fee is required of all applicants. 

Board of Pharmacy. — There are five members of this Board 
serving four years. They are named by the Governor. Three 
may be of the same political party. They examine candidates 
and grant licenses to pharmacists. 

Board of Dental Examiners. — The Governor appoints only 
one of this body. The Indiana Dental Association names three 
and the State Board of Health one. Their term of service is two 
years. Certificates are granted to applicants who pass the ex- 
aminations. County Clerks issue the licenses. 



22 THE GOVERNMENT OF INDIANA 

Soldiers' and Sailors' Monument. Board of Control. — 

Three soldiers or sailors of the Mexican, Civil, or Spanish Wars 
are appointed to control the Monument and grounds, each to 
serve for three years. Only two may belong to the same political 
party. They shall choose a Superintendent who shall appoint 
his subordinates. This Superintendent has direct charge of the 
Soldiers' and Sailors' Monument in Indianapolis. 

Voluntary Commissions and Associations Receiving 
Public Funds. — The leading one of these is the State Board of 
Agriculture, whose object is the development of agriculture in 
the State and the giving of the annual State Fair. Besides this 
Board there is the Live Stock Breeders' Association, the State 
Horticultural Society, the Indiana Academy of Science, the 
Indiana Historical Society, the Corn Growers' Association, the 
Short-Horned Breeders' Association, the Dairymen's Association, 
and the Florists' Association. Most of these receive an amount 
of money from the State Treasury to publish their reports which 
thus become public documents. The State Board of Agricult- 
ure is a self-perpetuating body, under the control, in part, of 
the laws of the State. 

Special Commissions. — The Legislature from time to time 
creates special bodies to make investigations into particular 
problems and to publish reports upon them. Some of these 
commissions are for historical and memorial purposes; for in- 
stance, the Vicksburg Battlefield Commission, the Shiloh Com- 
mission, the Antietam Commission, the Chickamauga Commis- 
sion, all of which have erected memorials on the battlefields and 
published a list and record of all the Indiana troops engaged in 
these battles. There are at present a Prison Labor Commission, 
an Industrial Education Commission, and an Indiana Centen- 
nial Commission. All of these file their reports. 



EXECUTIVE DEPARTMENT 23 

State Institutions 

Indiana University. — This is located at Bloomington and 
is under the control of eight trustees. Five are selected 
by the State Board of Education and three by the graduates 
of the University. The University has the following depart- 
ments: Literary, Scientific, Law, and Medicine. Part of the 
work of the last is done at Indianapolis in the School of 
Medicine. 

Purdue University. — This is situated at Lafayette. It is 
the Agricultural and Technical School of the State. Its control 
is in the hands of nine trustees. The State Board of Agriculture 
nominates two and the State Board of Horticulture one. The 
Governor appoints all of them. 

The State Normal School. — Terre Haute is the place where 
this is located. Its work is the preparation of teachers for the 
schools of the State. There are four trustees named by the 
Governor. 

Insane. — There are five hospitals for the insane in the com- 
monwealth: the Central Hospital at Indianapolis, the Northern 
at Logansport, the Eastern at Richmond, the Southern at Evans- 
ville, and the South-eastern at North Madison. Each one of the 
hospitals is controlled by a board of four members equally divided 
politically. They are appointed by the Governor and may be 
removed for cause. They are required to select a trained and 
experienced superintendent of each hospital and leave to him the 
selection of all his subordinates, who must be chosen for fitness 
and no other reason. 

Penal. — There are five of these in the state: the Indiana 
Prison at Michigan City, the Women's Prison and House of 
Correction at Indianapolis, the Reformatory at Jeffersonville, 
and for juveniles, the Boys' School at Plainfield and the Girls' 
School at Clermont. These are all controlled the same way as 
the hospitals for the insane, namely, by four directors appointed 
by the Governor. 



24 THE GOVERNMENT OF INDIANA 

Epileptic and Tuberculosis Hospitals.— The village for 
epileptics is located near Newcastle on a farm of twelve hun- 
dred acres. It is built on the cottage plan. Its control is the 
same as that of other State institutions. The Tuberculosis 
Hospital, recently opened, is situated at Rockville. There are 
only three members of the board controlling this institution. 
They are named by the Governor. 

School for Feeble-Minded. — The care of feeble-minded 
youth and the custody of feeble-minded women are the work of 
this institution, located at Fort Wayne, with a farm colony re- 
moved some distance from the main institution. The Governor 
appoints four members on this board. 

Soldiers' Home and Soldiers' and Sailors' Orphans' 
Home. — The former of these is near Lafayette, the latter near 
Knightstown. Former soldiers and their wives are cared for at 
the Soldiers' Home — their orphans at the Soldiers' and Sailors' 
Orphans' Home. Boards of trustees numbering four control 
each institution. 

The Deaf and the Blind. — The Institution for the Deaf is 
immediately north of Indianapolis, and that for the Blind, in In- 
dianapolis. These institutions are schools, but with the benevo- 
lent features of giving a home and board most of the year to the 
pupils. They are controlled by trustees, four in number, ap- 
pointed by the Governor. 

All of the trustees of the Indiana Girls' School and the Wom- 
en's Prison are women. One member of the board of directors 
of the Soldiers' and Sailors' Orphans' Home and of the School 
for Feeble-Minded Youth is a woman. 

Questions 

Why should the Governor not succeed himself? 

Is there any danger in that? 

Name some of the duties and powers of the Governor. 

What is the work of the Lieutenant-Governor? 

Who gives the names of candidates for office to the voters ? 



EXECUTIVE DEPARTMENT 25 

Do the people vote for them because they are trained for the positions 
or because they have been nominated by a party? 

Name the officers of the administration who are elected by popular 
vote. 

What is the fiscal year? 

Define the duties of the State officer whose position is most intimately 
connected with your school. 

May State officials be removed from office? 

Who has the power of pardon? 

What is an Administrative Board? 

Name three which you consider very important. 

By whom are members of Boards appointed ? 

How does a physician obtain the right to practise medicine? 

What Board has duties in connection with the unfortunates of the 
State? 

What are the State Schools of Indiana ? 

Who has the power to investigate a railroad accident; the books of a 
State or county officer? 

What is the militia? 

How does the General Assembly find out what the offices, boards, and 
institutions need for their maintenance? 

Is there any way of knowing whether a mine is in a dangerous con- 
dition or a factory building unsafe or unsanitary? 

How are fish and game protected ? 

How has Indiana honored the memory of the soldiers who fought in 
the Civil War? 

Locate the various institutions in the State for the care of the unfor- 
tunate. 

How are they governed ? What are the requirements for the super- 
intendents ? 



CHAPTER IV 

JUDICIAL— THE COURTS 

The Constitution, in Article VII, rests the judicial power of 
the State in a Supreme Court, Circuit Courts, and other courts 
which the General Assembly may establish. The Appellate 
Court for the State at large and Superior, Criminal, and Probate 
Courts for certain counties, and Police Courts for cities, have 
been authorized by law. Justices of the Peace are authorized 
by the Constitution in each township of the various counties. 

The Supreme Court. — This court shall by the Constitution 
consist of not less than three nor more than five judges. They 
shall hold their offices for six years. The State shall be divided 
into as many districts as there are judges. The judges, however, 
are elected by all the voters of the State. A judge, however, 
shall be elected from the district in which he resides. There are 
two terms of this court held each year beginning the fourth 
Monday in May and the fourth Monday in November. The 
judges choose one of their own number as Chief Justice. No 
judge, however, can serve twice as Chief Justice until each of the 
other judges has presided over the court. Three members of 
the court make a quorum. There are three officers in the Su- 
preme Court— a Clerk and a Reporter, elected by the people of the 
State, whose duties are defined under "Administrative Officers"; 
and the Sheriff, who is appointed by the judges to serve for two 
years. He executes the orders of the Court, serves all their writs, 
and maintains order in the court-room. 

Jurisdiction of the Supreme Court. — The Supreme Court 
determines the cases which have been appealed from the lower 
courts of the entire State. It ascertains whether a particular 

26 



JUDICIAL— THE COURTS 27 

law is constitutional and whether a trial in a local court has been 
legally held. A majority of the judges decides the case. All the 
decisions of the Court are in writing and are prepared for publica- 
tion by the Reporter of the Court. Any Judge of the Supreme 
Court may preside at a trial in any county of the district from 
which he is elected. 

The Appellate Court. — The Supreme Court was so crowded 
with cases that in 1891 the Legislature created the Appellate 
Court to relieve the pressure. This court was to serve for a few 
years only, but the business has increased so rapidly that the 
Court is still in existence. There are six Judges in the Appellate 
Court serving for five years. They are chosen by the electors 
of the State. This Court has jurisdiction in all cases appealed 
from the lower courts which do not in their importance go to the 
Supreme Court. Their decisions are final unless the Constitu- 
tionality of a statute or an ordinance is questioned. The Clerk 
and the Sheriff of the Supreme Court serve also in the Appellate 
Court. These Judges are nominated by party conventions and 
their names appear on party tickets. 

Court of Claims. — In Indiana there is no State Court of 
Claims. If any claim is brought against the Commonwealth, 
it must come before the Superior Court of Marion County, 
which, by the law of 1889, is made a Court of Claims. 

Circuit Courts. — The State is divided into circuits in each 
of which the voters elect a judge for a term of six years. This 
Judge presides over the Court in each county of the Circuit. 
These Circuit Courts have jurisdiction in all civil and criminal 
cases in the Circuit. 

Superior Courts. — In the more thickly populated counties, it 
has been found necessary to establish additional courts for civil 
cases. The voters of the several counties elect these Superior 
Judges. Some of these counties have one Superior Court Judge 
while Marion County has five. 

Criminal Courts. — The larger counties of the State have been 
compelled to establish courts in which criminal cases are tried. 



28 THE GOVERNMENT OF INDIANA 

The Judges of these courts are chosen by the voters in the 
county, to serve for four years. These judges, also, are nomi- 
nated by party conventions. 

Prosecuting Attorney. — Each Circuit has a Prosecuting 
Attorney elected by the people to serve two years. It is his 
business to prosecute all offenders against the State laws. 

Other Officers of the Court. — The Courts in the several 
counties have clerks to keep the records and papers and ad- 
minister oaths, and sheriffs to execute all writs of the court. 
Attorneys are also considered officers of the court. 

Juvenile Court. — This Court was created by the law of 1903. 
It is a special court, having jurisdiction in all cases relating to 
children, delinquent, truant, and children asked for by the Board 
of Children's Guardians. Wherever the legal punishment of 
children is at stake, this court has power. If the population is 
100,000 or more, there is a separate Judge; if less than that, the 
Circuit Judge sits as Juvenile Court Judge. He is elected and 
serves four years. He has large discretionary powers in the trial 
of children, and the care of children shall be as nearly parental 
as possible. Delinquent parents and all persons responsible for 
the wrongdoing, suffering, or neglect of children may be brought 
before him. 

Probation Officer. — This officer is appointed by the Juvenile 
Court Judge and is responsible to him and removable by him. 
He shall inquire into all charges against children and assist the 
judge in deciding what is best to do. He is a paid official. 
There are also volunteer probation officers who do not receive 

pay- 
Supreme Court Library. — This is a part of the Supreme 
Court and under its control. The judges elect the librarian who 
serves at their pleasure. This library is distinctly legal in char- 
acter. Its use is therefore largely confined to the courts and 
attorneys. 



JUDICIAI^-THE COURTS 



29 



Questions 

What is the highest Court of Indiana? 

Should the judges be subject to party nomination ? 

What is the difference between the Supreme and the Superior Courts ? 

What are courts for? 

How are juvenile offenders tried? 



CHAPTER V 

LOCAL GOVERNMENT 

Local officials represent the State in enforcing general or 
State laws, while, at the same time, they perform services for the 
people of the county or city in which they are located. The 
county and city officers are naturally in closer touch with the 
interests of the community in which they live and serve their 
constituents. They are servants of a twofold nature. One is no 
more important than the other. The "State of Indiana" is no 
more important than the "City of Indianapolis." Local self- 
government has always been the pride of the Anglo-Saxon race 
as it was of the ancient Greeks. The idea is by no means a 
modern one. Nor has it reached a very high state as yet. In 
spite of the fact that central and local government exist as 
separate units, they are so interwoven that distinction is not 
always clear nor well understood. The central administrative 
powers have comparatively little to do with local authorities. 
The local government conducts its own schools, has its courts 
under State laws, collects taxes, holds elections, cares for the 
unfortunate, maintains police and fire forces, in accordance, 
however, with the general laws of the State. Only under cer- 
tain conditions may the Governor interfere with local affairs. 
One condition has already been pointed out (see military power 
of the Governor) . Another is the filling of certain offices when a 
vacancy occurs, as judges of county courts. Such appointments 
hold good until the next local election. In general, the three 
divisions — legislative, executive, and judicial — are maintained in 
local government. 

30 



LOCAL GOVERNMENT 31 

County Officials — Elective 

County Commissioners. — There are three commissioners, 
property holders, elected in each county from three districts, 
serving three years. No more than two are elected at the same 
time. This Board of Commissioners has large powers, partly 
legislative, partly administrative, partly judicial. They must 
meet every month in the year. They have complete control over 
the property of the county. They construct and repair highways 
and bridges; they build homes for orphans and the poor; they 
allow claims; they fix the tax levy for the county; they may borrow 
money; they grant liquor licenses; they receive and audit the 
reports from county and township officers; they let contracts; 
they make reports of all the money received and expended; they 
fill vacancies in the county elective offices. This board by the 
law of 1907 is the County Board of Finance. Their pay is de- 
termined by law, varying according to population. 

The County Council. — This body is a sort of check on the 
County Commissioners. From itemized estimates made by 
county and township officials, the appropriations are made by 
this council. These appropriations must not be exceeded. 
The County Auditor, as clerk of the council, presents these esti- 
mates with recommendations, if he desires. He may also call 
special meetings of the council in addition to the annual meeting. 
This body by a three-fourths vote may appropriate money not 
asked for in the estimates. It also has the power to expel any 
of its own members for misconduct. There are seven members 
of this council, four from districts and three at large. They 
serve for four years and are elected by popular vote. The salary 
is nominal and determined by the population, but does not 
exceed twenty dollars per annum. Vacancies are filled by the 
council itself. Only freeholders may serve. This body was 
established by law in 1899. 

Treasurer. — The County Treasurer is chosen for two years 
and may be re-elected. Only four years in six, however, are 



32 THE GOVERNMENT OF INDIANA 

permissible. He receives and disburses, on the Auditor's war- 
rant, all public funds. His books show the various funds. He 
gives bond, but places the money in banks or trust companies 
designated by the County Board of Finance, the interest on which 
belongs to the public. He makes an annual report. The State's 
portion of the taxes is paid by him to the Treasurer of State. 
He may be removed by the County Commissioners. This 
officer collects delinquent taxes and has power to sell property 
to do this. He acts as City Treasurer in cities of the first, 
second, and third class. The salary received varies from $1,200 
to $25,000 plus the amount of fees from delinquent taxes and 
other fees. However, he pays his subordinates from these funds. 

Auditor. — He serves four years and is eligible eight years in 
twelve. He settles the accounts against the county by warrants 
on the Treasurer. He is the County Accountant. The school 
fund is loaned and apportioned by him. The records of the 
County Commissioners are kept by him. The school enumera- 
tion is in his charge. He prepares an aggregate assessment of 
all property and calculates the amount belonging to State, 
county, township, school, etc. The salary varies from $1,100 
to $17,500, according to population. This is increased by the 
receipt of fees. He pays his employees himself. 

Clerk. — The Clerk of the Circuit Court is also County Clerk. 
He may not serve more than twice in succession. The term is 
four years. He issues marriage licenses, administers oaths, and 
keeps a record of all insanity proceedings; issues licenses for the 
practice of medicine and dentistry, letters of administration, and 
keeps a full record of the actions of the court. The salary is 
fixed by law and varies from $1,200 to $19,500 plus certain fees, 
from all of which he must pay his assistants. 

Sheriff. — The County Sheriff must care for the jail and the 
prisoners; he must execute the decrees of the criminal, circuit, 
and superior courts; he must be present in person or by deputy 
at the sessions of these courts; he preserves order at the polls on 
election days and makes arrests with or without warrant if crime 



LOCAL GOVERNMENT 33 

is committed in his view. The Sheriff may call citizens to help 
him, and if he cannot keep the peace he may call upon the 
Governor. He appoints his deputies, including a jailer. One 
deputy is the matron of the jail if the population is over 50,000. 
This official is the leading executive of the county. The salary 
varies according to population. 

Recorder. — All public documents, deeds to property, leases, 
mortgages, articles of association and incorporation, liens, maps, 
and plats of the county and assignments are recorded and in- 
dexed by the County Recorder. They are open to the public. 
A fee is charged for the service under this officer. He is chosen 
for four years and may serve only eight years in twelve. He re- 
ceives a salary in addition to the fees. 

Coroner. — The chief work of the Coroner is to find out the 
cause of the death of any person by violence or accident. He 
may summon witnesses and administer oaths. He has authority 
to act when the Sheriff is disabled. He renders his decisions in 
writing and may command the arrest of an accused party. His 
term of office is two years, without limit on the number of terms. 
As pay, he receives fees, except in Marion County where a salary 
is paid. 

Surveyor. — The County Surveyor serves two years and may 
be re-elected. He surveys lands, roads, and drains, and preserves 
the maps, charts, and books indicating his surveys. A private 
owner of real estate may request the survey of his land and the 
Surveyor must attend to this. He is paid a per diem fixed by 
law. 

Assessor. — The holder of this position must have been a free- 
holder in the county four years before election. Four years is 
the term of office with one re-election in a period of twelve years. 
He examines the assessment books of the township assessors and 
corrects their valuation if he sees fit. He also instructs these 
assessors. His pay varies according to the amount of work. 
The above-described county offices are established by the Con- 
stitution of the State. 



34 THE GOVERNMENT OF INDIANA 

County Judiciary 

As mentioned under the Judicial Department, these are as 
follows: 

Circuit Judges sitting in one or more counties forming a cir- 
cuit with civil and criminal powers. 

Superior Court Judges with civil jurisdiction. These are 
chosen where the population is so large that the Circuit Judge 
cannot attend to the business. 

Criminal Court Judge with jurisdiction in criminal mat- 
ters only. 

Probate Judge. — The law of 1907 created a Probate Court 
in cities of 100,000 population. The judge serves four years. 
The settlement of estates of minors, deceased persons, insol- 
vents; partnerships, receiverships; suits by guardians, executors, 
trustees, and assignments comprise the business of the court. 

Prosecuting Attorney whose duty is to bring all violators 
before the courts and prosecute them. 

Appointive County Officials 

Superintendent of Schools. — This officer, chosen by the 
township trustees for four years, has supervision over all the 
schools of the county, except those in cities. He may be re- 
appointed. The appointment has generally been for party rea- 
sons. He must have at least a thirty-six months' teacher's license. 
He grants licenses to teach, conducts teachers' examinations, 
visits the schools at least once a year, has charge of county in- 
stitutes, and reports annually to the State Superintendent of 
Schools. He may revoke a license for cause. He also makes 
requisitions for the text-books used in the county and serves on 
the board which appoints the truancy officers. The salary varies 
from $1,200 to $1,408.50 with a small amount for travelling 
expenses. 

County Board of Education. — This is an ex-officio board 
consisting of the County Superintendent, Chairman, the town- 



LOCAL GOVERNMENT 35 

ship trustees, and the Presidents of the School Boards of the towns 
and cities in the county. They meet twice a year and consider 
the general conditions of the school and school property. 

Truant Officer. — He is appointed by the above-named 
board. He must see that the provisions of the compulsory edu- 
cation law are enforced. He must give written notice to parents 
or guardians of a child's absence. 

County Board of Charities. — Six persons comprise this 
Board, one of whom is a woman. The Circuit Judge makes the 
appointments upon petition of fifteen citizens. There are three 
of each political party. No pay is received. They visit and 
inspect all the charitable and correctional institutions in the 
county every three months and make their report with sugges- 
tions to the Judge, the Board of State Charities, and the County 
Commissioners. 

Board of Children's Guardians. — This board consists of 
six members who are appointed in the same way as the above. 
They have charge of neglected children whom they may place 
in homes, or the county may have its own home for these children. 
The members serve without pay and report to the Board of State 
Charities. 

County Poor Farm. — The Superintendent of this is chosen 
by the County Commissioners, generally for political reasons. 
The counties are required to care for the poor. The Superin- 
tendent receives at the home or farm and cares for (giving them 
some work to do if they are able) all persons who become public 
charges. He reports to the County Commissioners the number 
of inmates, expenses for their care, and the amount of produce 
from the farm. 

County Physician. — He is employed by the County Com- 
missioners to care for the sick in the County Home and the 
Jail. 

County Hospital for the Insane. — Marion County only has 
such a hospital which is under a Superintendent named by the 
County Commissioners. 



36 THE GOVERNMENT OF INDIANA 

Board of Review or Board of Equalization is composed of 
two property holders, appointed by the Circuit Judge from sepa- 
rate political parties, and the County Auditor, Treasurer, and 
Assessor. They review the assessment of all property and equal- 
ize the taxation as nearly as possible. Citizens may appear be- 
fore them with their complaints and petitions. 

Jury Commissioners. — These are of opposite political par- 
ties, two in number, and appointed by the Judge of the Circuit 
Court. From the tax duplicate of the county, these two select 
twice as many names as will be necessary for the grand and petit 
juries. They exclude the names of those who have been on a 
jury within a year, non-property holders, and those who are in- 
terested in any pending case. Before the case begins the clerk 
draws from the box the names of six persons w T ho become the 
grand jury and of twelve who serve as a petit jury. The key 
to the box has been in the hands of the commissioner who differs 
from the clerk in politics. These commissioners are paid three 
dollars a day and jurymen two dollars with mileage. 

Grand Juries. — There are six members. They are under the 
control of the Judge. They examine the evidence brought 
against any one charged with crime and indict him. He is then 
subject to trial in court. The grand jury also visits the county 
institutions at stated intervals. 

Probate Commissioner. — If there are 10,000 voters in a 
county, the Circuit Judge may appoint such commissioner, who 
may settle estates, control guardianships, and have jurisdiction 
of the proof of wills. The Judge determines his salary. 

Master Commissioner. — The Circuit Judge appoints this 
officer whenever necessary, particularly to sell real estate under 
the orders of the court. 

County Attorney. — The county commissioners appoint a 
legal adviser for county officials. He serves a year at the pleasure 
of the commissioners. He defends the county in suits at law. 

Organization of Counties. — According to Article XV, 
section 7, of the Constitution, no county shall contain less than 



NORTII WEST TERRITORY 



MICHIGAN TERRITORY 




|rShWrT0^y iY^^^^M^^^f^^y'A K £j SWITZERLAND 

J 0rleans o I {N, / gai™ pNviLexm^ton f ^1^^^ 

/Faun- . i^^CXiRVsy %> 



*'Vincennesl 
KNOX 

| East j> 

Philadelphia 



iSSTYlv"- 




Blackford. ^ 
\Ohio\J VZy&oJ '^ 



EARLY FORMATION OF COUNTIES 
Note the position of Lake .Michigan 



TS. B N T u o KX 



38 THE GOVERNMENT OF INDIANA 

four hundred square miles. The first counties were formed dur- 
ing territorial days, Knox being the first, in 1790. It covered 
more territory than the present State of Indiana. As population 
increased, new subdivisions were made. The boundaries were 
determined by the Legislature and new counties added until 
1852, when the number reached ninety-two. Newton was the 
last addition in that year. The growth has been from the Ohio 
River northward. 

The Township 

The congressional township, six miles square, is a part of the 
government survey, and was made to assist in the description of 
lands. The county commissioners divided the county into civil 
townships, which conform to the congressional as far as possible. 
The civil township is a political body with power to make con- 
tracts, hold elections, assess taxes, give relief to the poor, make 
roads, sue and be sued. There is a school township whose 
boundaries are the same as the civil township, but which is a 
separate corporation having charge of the schools and their 
property. Every sixteenth section in the congressional township 
was reserved for school purposes. There are 1,016 civil town- 
ships in the entire State. Each one has the following officers: 
Trustee, Assessor, Justice (or Justices) of the Peace, Constable, 
Supervisor of Roads, School Director, and Advisory Financial 
Board. 

Township Trustee. — He is the chief local official. His duties 
are various. He has charge of the finances, of poor relief, em- 
ploys teachers, is an elector of the county superintendent of 
schools, has charge of the roads and drains, levies taxes, audits 
the township accounts, is inspector of elections and makes an 
enumeration of all male citizens over twenty-one years of age. 
He is elected for four years but cannot succeed himself. 

The Advisory Board. — This board is to the township what 
the county council is to the county. The estimate of expenses 
made by the trustee is submitted to this board which may cur- 



LOCAL GOVERNMENT 39 

tail it if it seems fit. The board fixes the tax rate. It may bor- 
row money also. There are three members, chosen for four 
years. 

Assessor. — The Assessor is elected for four years and may 
not succeed himself. He assesses personal and real property 
(the latter every four years), and returns his lists to the auditor. 
His pay varies according to population. 

Justices of the Peace. — They form the court of the town- 
ship. The county commissioners decide upon the number, but 
not to exceed three, in each township. They have jurisdiction 
in minor cases, both civil and criminal. Appeal, however, may 
be taken to the county court. They issue warrants in criminal 
cases, perform marriages, and preside in insanity trials. Their 
term of office is four years and their pay comes from fees. 

Constables. — This office, like that of Justice, is an old one 
in the Anglo-Saxon race. Each justice has a constable. They 
execute the orders of the justice's court, keep the peace and may 
make arrests. The justices appoint them. 

Road Supervisor. — Two years is the term of this officer who 
is chosen by the electors in the road district. He has charge of 
highways and bridges and may call upon citizens, between 
twenty-one and fifty, for their service for two to four days in a 
year. 

City and Town Government 

Local government is still further narrowed beyond that of the 
county and township. The General Assembly has granted the 
right of government therefore to towns and cities or munici- 
palities. The "village" as a political organization does not 
exist in Indiana. When a community of citizens so desire, they 
may secure the right of incorporation from the legislature and 
become a town. A minimum of population is necessary, how- 
ever, to become a city — namely, 2,000. The laws defining these 
matters are general and thus apply to all towns and cities alike. 
Cities were divided into five classes by a law passed in 1905. 



40 THE GOVERNMENT OF INDIANA 

This law covers other matters also, such as the qualification of 
officers and the general functions of city government. The 
classes of cities are as follows: First, 100,000 population or 
more; second, 45,000 to 100,000; third, 20,000 to 45,000; 
fourth, 10,000 to 20,000, and taxable property to the amount 
of $5,000,000 or over; fifth, less than 10,000. 

The Town. — If one-third of the voters of a settlement petition 
the county commissioners for a town government, the commis- 
sioners order an election to determine whether the citizens want 
to form a town. If a majority so vote, the incorporation is 
authorized. 

The town is then divided into districts — not more than seven — 
and officers are elected. A trustee is chosen by the whole com- 
munity for each district or ward. These trustees serve four 
years and are the legislative department of the town, passing all 
the ordinances to govern the town. These ordinances may be 
on the following subjects in general: The improvement of streets 
and sewers; the building of school houses; fire apparatus; 
street lighting; public health; prevention of vice and keeping 
peace and order by policing the town. The trustees fix the tax 
levy and elect the school trustees — three in number — who serve 
three years. The voters select also a town clerk, treasurer, and 
marshal. Their duties are such as are implied by the title of 
the office, namely, the clerk keeps the records of the trustees and 
all papers and books of the corporation; the treasurer keeps 
the funds which he pays out only on a warrant signed by the 
president of the trustees and the town clerk; the marshal is the 
town policeman or constable. If the voters do not wish to keep 
up a town government, they may abolish it by a two-thirds vote 
of all the voters of the town. 

The City 

The city, like the State, has the three departments— Legislative, 
Executive, and Judicial — though not so sharply defined perhaps. 
In the city the legislative is the council; in the State, the General 



LOCAL GOVERNMENT 41 

Assembly; the executive is the Mayor, corresponding to the Gov- 
ernor; the judicial is the city court, corresponding to the courts 
of the State. The electors of a city choose the Mayor, City Judge, 
Treasurer, Clerk, and the City Council. 

ELECTIVE — EXECUTIVE 

The Mayor. — The Mayor is chosen for four years. Like 
the Governor, he enforces the laws of the city (primarily) and 
the State. He appoints the heads of departments; recommends 
measures to the city council; he vetoes or approves all acts of 
the council, calls special meetings of the council, holds consulta- 
tions with heads of departments, and informs the council yearly 
of the condition of the city. In cities of the fifth class the Mayor 
is the City Judge. 

Clerk. — The City Clerk keeps the proceedings of the coun- 
cil. All papers, documents, and records of the city are in his 
charge. 

Treasurer. — The County Treasurer in cities of the first, 
second, and third classes is also city treasurer. All money is col- 
lected in the office of the Treasurer. He has charge of these 
collections and pays out the funds on the presentation of prop- 
erly signed warrants. 

City Judge. — This official forms the judicial department of 
the city. His term of office is four years. He may assess fines 
up to $500, administer oaths, and imprison offenders for a period 
of six months or less. His jurisdiction extends over violation 
of city ordinances, petit larceny, and minor misdemeanors. 
Police officers execute the orders of this court. 

City Council. — The Common Council is the legislative de- 
partment of the city. Each ward has a councilman and, in addi- 
tion, there are from two to six councilmen at large, all chosen by 
the people to serve four years. The Mayor presides over the 
sessions, except in cities of the first and second classes, in which 
the Council selects one of its own members as presiding officer. 



42 THE GOVERNMENT OF INDIANA 

Indianapolis has nine councilmen, voted for at large. Monthly 
meetings are required. Special meetings may be called by the 
Mayor. A majority of all is necessary to pass a city ordinance. 
The council passes appropriation acts, regulates traffic, fixes 
salaries, protects the city by fire and police regulations, grants 
licenses, and regulates and taxes all the business of the city. 
It selects the School Trustees except in the larger cities. The 
salary is small. 

The School Board. — This body is appointed by the council 
in most of the cities. There are three members, serving three 
years, one retiring each year. In cities of the first and second 
classes there are five members elected by the people for four 
years. They are nominated by petition. The schools and school 
property are entirely under their charge. They select teachers, 
fix salaries, and select the city librarian in cities where there is 
not a library board. They do not receive any pay. 

APPOINTIVE ADMINISTRATIVE DEPARTMENTS 

Board of Public Works. — Three members are appointed on 
this board by the Mayor — no more than two of the same political 
party. They have charge of the streets, buildings, and sewers. 
They make contracts on behalf of the city with gas, electric, heat- 
ing, water, and street-car companies — subject to approval by the 
Council. The city engineer and street commissioner, who are 
appointed by the Mayor, are subject to the directions of the 
Board of Public Works. 

Board of Public Safety. — The general public welfare and 
protection are in charge of a board of three, appointed by the 
Mayor under the same condition as the above-mentioned board. 
The police and fire departments and building inspection are 
supervised from this office. The chief of police and head of the 
fire department, market master, and building inspector are ap- 
pointed by this board. In cities of the fifth class, police and fire 
department chiefs are named by the Mayor. 



LOCAL GOVERNMENT 43 

Board of Health. — Three physicians named by the Mayor 
determine all questions relating to the public health and charities. 
The Superintendent of the City Hospital holds his position by 
their appointment. The hospital, dispensary, quarantines, vital 
statistics, and health ordinances are all under their supervision 
and management. 

Board of Park Commissioners. — These commissioners are 
four in number, receiving their appointment from the Mayor and 
serving without pay. They plan and develop and care for the 
parks and parkways. They may choose a superintendent with 
assistants. 

Controller. — He is appointed by the Mayor and is the auditor, 
so to speak, of the city finances. Warrants on the treasurer are 
issued by him. Licenses, too, are under his control. 

City Attorney. — All legal affairs of the city are subject to his 
control. He advises the city officials as to the legality of their 
measures. In Indianapolis there is a corporation counsel also. 
This is by recent enactment of the Legislature. 

Superintendent of City Schools. — The schools of the city 
are under the supervision of the Superintendent chosen by the 
school board. 

City Librarian. — The library board appoints the head of 
the city library. In some cities this board is also the School 
Board, as in Indianapolis. In others there is a distinct library 
board of seven members, three of whom are appointed by the 
Circuit Judge, two by the council, and two by the School 
Board. 

Taxation and Revenue. — The revenues of the State, county, 
city, town, and township, in general, come from taxes assessed 
and collected on real estate and personal property. Each divi- 
sion of the government assesses and receives its portion accord- 
ing to law. There are fees of different kinds also and assess- 
ments on the property holders for the payment of street and 
sewer improvements. The State government receives certain 
portions of joint stock association taxes which the Board of 



44 THE GOVERNMENT OF INDIANA 

Tax Commissioners assesses. There are corporations whose 
property is taxed — railways, telegraph and telephone companies, 
traction lines, banks, gas companies, etc., etc. 

School Revenues.— The permanent school fund consists of 
two parts — the congressional township fund and the common 
school fund. The former came from the sale of the lands accord- 
ing to the law of congress; the latter is made up of all money 
devoted to school purposes. These funds are loaned by the 
auditors. They may not be decreased. The school trustees 
and boards fix the school tax assessments. The schools have 
also the liquor licenses, the dog tax, and certain local tuition fees. 
The auditors report the amount of tuition to the State Super- 
intendent who apportions it to the counties on the basis of school 
population. On the same principle the auditor apportions to 
the schools of the county the share of revenue coming to the 
county. 

Nominations for Public Office.— Up to recent years the com- 
mon method of nominating candidates has been by party con- 
ventions made up of delegates chosen by the members of the 
party. This has been the case in all the political divisions of 
the State. It is still the custom in nominating State and con- 
gressional candidates. There has been much dissatisfaction, 
however, because the delegates have really been named by the 
party committeemen and not by the members of the party at 
large. These party committeemen may now be chosen by a 
primary law according to which the persons affiliating with a 
given party may vote for precinct committeemen under certain 
regulations laid down by the law. 

If a county has a city with a population of 36,000 or more the 
candidates for county, city, township, judicial, and legislative 
positions must be voted for under the primary law. All the 
voters who are members of a party which cast ten per cent of 
the whole vote at the last preceding election, may register their 
wishes as to the candidates in the same way as they do in electing 
a candidate to the office. The candidates file their names with 



LOCAL GOVERNMENT 45 

the primary commissioners. Twenty-five voters of a party may 
petition the commissioners to have the name of a member of their 
party placed on the primary ballot. These primary commission- 
ers are the clerk of the county and two citizens of opposite politi- 
cal parties named by him. When the name has been so filed it 
is placed on the ballot and the voters of the party have the right 
to express their judgment whether the candidate shall be named 
or not. The ballot must be secret. This system is not yet as 
general as in some other States. 

Questions 

What is local government? 

Does the State Government have any control over the local ? 

Is it right that it should have? 

Is there a county legislative body? 

To whom are the County Commissioners responsible ? 

What are the qualifications for County Commissioners ? 

Does the County Treasurer receive the interest on public funds when 
deposited in bank? 

What are the duties of the Coroner? 

Who pays the county officers? 

Are there any officers who serve without pay ? Do you know whether 
any local officers in England serve without salary ? 

What officer in the township has the most important position? 

May he succeed himself? Why should he not? 

How many counties are there in Indiana? Where did the making 
of counties begin? Why? Why do we use the word " county "? 

Is the County Council a legislative body? 

What is a municipality? 

Who is the head of the City? To what State officer does he corre- 
spond ? 

What qualifications do we fix for the mayoralty? 

What is the legislative body of a city ? 

Name three departments of city government. 

Are there any qualifications for membership in the Council? 



APPENDIX A 

List of Governors 

NORTHWEST TERRITORY 

From To 

Arthur St. Clair 1787 1800 

INDIANA TERRITORY 

John Gibson (acting) 1800 Jan. 10, 1801 

William H. Harrison 1801 1812 

John Gibson (acting) Sept. 1812 May, 1813 

Thomas Posey 1813 1816 

STATE OF INDIANA 

Jonathan Jennings 1816 1822 

Ratliffe Boone (acting) Sept. 12-Dec. 5, 1822 

William Hendricks 1822 1825 

James B. Ray (acting) Feb. 12-Dec. 11, 1825 

James B. Ray 1825 1831 

Noah Noble 1831 1837 

David Wallace 1837 1840 

Samuel Bigger 1840 1843 

James Whitcomb 1843 1848 

Paris C. Dunning (acting) 1848 1849 

Joseph A. Wright 1849 1857 

Ashbel P. Willard 1857 1860 

Abram A. Hammond (acting) 1860 1861 

Henry S. Lane Jan. 14-Jan. 16, 1861 

Oliver P. Morton (acting) 1861 1865 

Oliver P. Morton 1865 1867 

Conrad Baker (acting) 1867 1869 

Conrad Baker 1869 1873 

Thomas A. Hendricks 1873 1877 

James D. Williams 1877 1880 

Isaac P. Gray (acting) 1880 1881 

Albert G. Porter 1881 1885 

47 



48 APPENDIX A 

Isaac P. Gray 1885 1889 

Alvin P. Hovey 1889 1891 

Ira J. Chase (acting) 1891 Nov. 1 to 

Jan. 9, 1893 

Claude Matthews. 1893 1897 

James A. Mount 1897 1901 

Winfield T. Durbin 1901 1905 

J. Frank Hanly 1905 1909 

Thomas R. Marshall 1909 



APPENDIX B 

The Ordinance of 1787 

In Congress, July 13, 1787 

AN ORDINANCE FOR THE GOVERNMENT OF THE TERRITORY OF THE 
UNITED STATES NORTH-WEST OF THE RIVER OHIO 

After providing for the temporary government of such territory as 
one district, with the Governor, Legislative Council and House of 
Representatives of five members each, Secretary and Judges, all ap- 
pointed by Congress, the ordinance proceeds as follows: 

And for extending the fundamental principles of civil and religious 
liberty, which form the basis whereon these republics, their laws and 
Constitutions, are erected; to fix and establish those principles as the 
basis of all laws, Constitutions, and governments which forever here- 
after shall be formed in the said territory; to provide, also, for the 
establishment of States, and permanent government therein, and for 
their admission to share in the Federal councils on an equal footing 
with the original States, at as early periods as may be consistent with 
the general interest: 

It is hereby ordained and declared, by the authority aforesaid: That 
the following articles shall be considered as articles of compact between 
the original States and the people and States in the said territory, and 
forever remain unalterable, unless by common consent, to wit : 

Art. 1. No person, demeaning himself in a peaceable and orderly 
manner, shall ever be molested on account of his mode of worship or 
religious sentiments, in the said territory. 

Art. 2. The inhabitants of the said territory shall always be entitled 
to the benefits of the writ of habeas corpus, and of the trial by jury; of 
a proportionate representation of the people in the legislature, and of 
judicial proceedings according to the course of the common law. All 
persons shall be bailable, unless for capital offences, where the proof 
shall be evident, or the presumption great. All fines shall be moderate; 
and no cruel or unusual punishments shall be inflicted. No man shall 
be deprived of his liberty or property but by the judgment of his peers, 
or the law of the land, and should the public exigencies make it neces- 
sary, for the common preservation, to take any man's property, or to 

49 



50 APPENDIX B 

demand his particular services, full compensation shall be made for 
the same. And, in the just preservation of rights and property, it is 
understood and declared that no law ought ever to be made, or have 
force in the said territory, that shall, in any manner whatever, inter- 
fere with, or affect, private contracts or engagements, bona fide, and 
without fraud, previously formed. 

Art. 3. Religion, morality, and knowledge, being necessary to good 
government and the happiness of mankind, schools and the means of 
education, shall forever be encouraged. The utmost good faith shall 
always be observed toward the Indians; their lands and property 
shall never be taken from them without their consent, and in their 
property, rights, and liberty they never shall be invaded or disturbed 
unless in just and lawful wars authorized by Congress; but laws founded 
in justice and humanity shall from time to time be made, for prevent- 
ing wrongs being done to them, and for preserving peace and friend- 
ship with them. 

Art. 4. That said territory, and the States which may be formed 
therein, shall forever remain a part of this confederacy of the United 
States of America, subject to the articles of confederation, and to such 
alterations therein as may be constitutionally made; and to all the 
acts and ordinances of the United States in Congress assembled, con- 
formable thereto. The inhabitants and settlers in the said territory 
shall be subject to pay a part of the Federal debts, contracted or to be 
contracted, and a proportional part of the expenses of government, to 
be apportioned on them by Congress, according to the same common 
rule and measure by which apportionments thereof shall be made on 
the other States; and the taxes for paying their proportion shall be 
laid and levied by the authority and direction of the legislature of the 
district or districts, or new States, as in the original States, within the 
time agreed upon by the United States in Congress assembled. The 
legislatures of those districts, or new States, shall never interfere with 
the primary disposal of the soil of the United States in Congress assem- 
bled, nor with any regulations Congress may find necessary, for securing 
the title in such soil, to the bona fide purchasers. No tax shall be 
imposed on lands the property of the United States; and in no case 
shall non-resident proprietors be taxed higher than residents. The 
navigable waters leading into the Mississippi or St. Lawrence, and 
the carrying-places between the same, shall be common highways, 
and forever free, as well to the inhabitants of the said territory as to 
the citizens of the United States, and those of any other States that 
may be admitted into the confederacy without any tax, impost, or 
duty therefor. 



APPENDIX B 51 

Art. 5. There shall be formed in the said territory, not less than 
three nor more than five States; and the boundaries of the States, as 
soon as Virginia shall alter her act of cession, and consent to the same, 
shall become fixed, and established as follows, to wit: The Western 
State in the said territory shall be bounded by the Mississippi, the 
Ohio, and Wabash Rivers; a direct line drawn from the Wabash and 
Post Vincents, due north, to the territorial line between the United 
States and Canada; and by the said territorial line to the Lake of the 
Woods and Mississippi. The Middle State shall be bounded by the 
said direct line, the Wabash, from Post Vincents to the Ohio by the 
Ohio, by a direct line drawn due north from the mouth of the Great 
Miami to the said territorial line. The Eastern State shall be bounded 
by the last-mentioned direct line, the Ohio, Pennsylvania, and the 
said territorial line; provided, however, and it is further understood 
and declared, that the boundaries of these three States shall be sub- 
ject so far to be altered, that, if Congress shall hereafter find it ex- 
pedient, they shall have authority to form one or two States in that 
part of said territory which lies north of an east and west line drawn 
through the southerly bend or extreme of Lake Michigan. And when- 
ever any of the said States shall have sixty thousand free inhabitants 
therein, such State shall be admitted, by its delegates, into the Con- 
gress of the United States on an equal footing with the original States, 
in all respects whatever; and shall be at liberty to form a permanent 
Constitution and State government; provided the Constitution and 
government, so to be formed, shall be republican, and in conformity 
to the principles contained in these articles; and, so far as it can be 
consistent with the general interest of the confederacy, such admis- 
sion shall be allowed at an earlier period, and when there may be a 
less number of free inhabitants in the State than sixty thousand. 

Art. 6. There shall be neither slavery nor involuntary servitude in 
said territory, otherwise than in the punishment of crimes, whereof 
the party shall have been duly convicted; provided always, that any 
person escaping into the same, from whom labor or service is lawfully 
claimed in any one of the original States, such fugitive may be lawfully 
reclaimed, and conveyed to the person claiming his or her labor or 
service as aforesaid. 



APPENDIX C 
CONSTITUTION OF THE STATE OF INDIANA 



PREAMBLE 

To the end that justice be established, public order maintained, and 
liberty perpetuated: We, the people of the State of Indiana, grate- 
ful to Almighty God for the free exercise of the right to choose our 
own form of government, do ordain this Constitution: 

ARTICLE I 

BILL OF RIGHTS 

Section 1. We declare that all men are created equal; that they are 
endowed by their Creator with certain unalienable rights; that among 
these are life, liberty, and the pursuit of happiness; that all power is 
inherent in the people; and that all free governments are, and of 
right ought to be, founded on their authority, and instituted for their 
peace, safety, and well-being. For the advancement of these ends, 
the people have at all times an indefeasible right to alter and reform 
their government. 

Sec. 2. All men shall be secured in their natural right to worship 
Almighty God according to the dictates of their own consciences. 

Sec. 3. No law shall, in any case whatever, control the free exercise 
and enjoyment of religious opinions, or interfere with the rights of 
conscience. 

Sec. 4. No preference shall be given by law to any creed, religious 
society or mode of worship; and no man shall be compelled to attend, 
erect or support any place of worship, or to maintain any ministry 
against his consent. 

Sec. 5. No religious test shall be required as a qualification for any 
office of trust or profit. 

Sec. 6. No money shall be drawn from the treasury for the benefit 
of any religious or theological institution. 

Sec. 7. No person shall be rendered incompetent as a witness in 
consequence of his opinions on matters of religion. 

52 



APPENDIX C 53 

Sec. 8. The mode of administering an oath or affirmation shall be 
such as may be most consistent with, and binding upon, the conscience 
of the person to whom such oath or affirmation may be administered. 

Sec. 9. No law shall be. passed restraining the free interchange of 
thought and opinion, or restricting the right to speak, write, or print, 
freely, on any subject whatever; but for the abuse of that right every 
person shall be responsible. 

Sec. 10. In all prosecutions for libel, the truth of the matters alleged 
to be libelous may be given in justification. 

Sec. 11. The right of the people to be secure in their persons, houses, 
papers, and effects, against unreasonable search or seizure shall not be 
violated, and no warrant shall issue but upon probable cause, sup- 
ported by oath or affirmation, and particularly describing the place to 
be searched, and the person or thing to be seized. 

Sec. 12. All courts shall be open; and every man, for injury done 
to him, in his person, property, or reputation, shall have remedy by 
due course of law. Justice shall be administered freely and without 
purchase; completely, and without denial; speedily, and without delay. 

Sec. 13. In all criminal prosecutions the accused shall have the 
right to a public trial, by an impartial jury in the county in which the 
offense shall have been committed; to be heard by himself and coun- 
sel; to demand the nature and cause of the accusation against him, 
and to have a copy thereof; to meet the witnesses face to face, and to 
have compulsory process for obtaining witnesses in his favor. 

Sec. 14. No person shall be put in jeopardy twice for the same 
offense. No person, in any criminal prosecution, shall be compelled to 
testify against himself. 

Sec. 15. No person arrested, or confined in jail, shall be treated with 
unnecessary rigor. 

Sec. 16. Excessive bail shall not be required. Excessive fines shall 
not be imposed. Cruel and unusual punishment shall not be inflicted. 
All penalties shall be proportioned to the nature of the offense. 

Sec. 17. Offenses, other than murder, or treason, shall be bailable 
by sufficient sureties. Murder or treason shall not be bailable when 
the proof is evident or the presumption strong. 

Sec. 18. The penal code shall be founded on the principles of refor- 
mation, and not of vindictive justice. 

Sec. 19. In all criminal cases whatever the jury shall have the right 
to determine the law and the facts. 

Sec. 20. In all civil cases the right of trial by jury shall remain 
inviolate. 

Sec. 21. No man's particular services shall be demanded without 



54 APPENDIX C 

just compensation. No man's property shall be taken by law without 
just compensation; nor, except in case of the State, without such com- 
pensation first assessed and tendered. 

Sec. 22. The privilege of the debtor to enjoy the necessary comforts 
of life shall be recognized by wholesome laws, exempting a reasonable 
amount of property from seizure or sale for the payment of any debt 
or liability hereafter contracted; and there shall be no imprisonment 
for debt, except in case of fraud. 

Sec. 23. The General Assembly shall not grant to any citizen, or 
class of citizens, privileges or immunities which, upon the same terms, 
shall not equally belong to all citizens. 

Sec. 24. No ex post facto law, or law impairing the obligation of con- 
tract, shall ever be passed. 

Sec. 25. No law shall be passed, the taking effect of which shall be 
made to depend upon any authority, except as provided in this Con- 
stitution. 

Sec. 26. The operation of the laws shall never be suspended except 
by the authority of the General Assembly. 

Sec. 27. The privilege of the writ of habeas corpus shall not be sus- 
pended, except in case of rebellion or invasion, and then only if the 
public safety demand it. 

Sec. 28. Treason against the State shall consist only in levying 
war against it, and giving aid and comfort to its enemies. 

Sec. 29. No person shall be convicted of treason except on the tes- 
timony of two witnesses to the same overt act, or upon his confession 
in open court. 

Sec. 30. No conviction shall work corruption of blood or forfeiture 
of estate. 

Sec. 31. No law shall restrain any of the inhabitants of the State 
from assembling together, in a peaceable manner, to consult for their 
common good; nor from instructing their representatives; nor from 
applying to the General Assembly for redress of grievances. 

Sec. 32. The people shall have a right to bear arms for the defense 
of themselves and the State. 

Sec. 33. The military shall be kept in strict subordination to the 
civil power. 

Sec. 34. No soldier shall, in time of peace, be quartered in any house 
without the consent of the owner; nor in time of war but in a manner 
to be prescribed by law. 

Sec. 35. The General Assembly shall not grant any title of nobility, 
nor confer hereditary distinctions. 

Sec. 36. Emigration from the State shall not be prohibited. 



APPENDIX C 55 

Sec. 37. There shall be neither slavery nor involuntary servitude 
within the State, otherwise than for the punishment of crime, whereof 
the party shall have been duly convicted. No indenture of any negro 
or mulatto, made or executed out of the bounds of the State, shall be 
valid within the State. 

ARTICLE II 

SUFFRAGE AND ELECTION 

Section 1. All elections shall be free and equal. 

Sec. 2. In all elections not otherwise provided for by this Constitu- 
tion, every male citizen of the United States, of the age of twenty-one 
years and upwards, who shall have resided in the State during the six 
months, and in the township sixty days, and in the ward or precinct 
thirty days, immediately preceding such election; and every male of 
foreign birth, of the age of twenty-one years and upwards, who shall 
have resided in the United States one year, and shall have resided in 
this State during the six months, and in the township sixty days, and 
in the ward or precinct thirty days, immediately preceding such elec- 
tion, and shall have declared his intention to become a citizen of the 
United States, conformably to the laws of the United States on the 
subject of naturalization, shall be entitled to vote in the township or 
precinct where he may reside, if he shall have been duly registered 
according to law. 

Sec. 3. No soldier, seaman or marine, in the army or navy of the 
United States, or their allies, shall be deemed to have acquired a resi- 
dence in this State in consequence of having been stationed within the 
same; nor shall any such soldier, seaman or marine, have the right to 
vote. 

Sec. 4. No person shall be deemed to have lost his residence in the 
State by reason of his absence either on business of the State or of the 
United States. 

Sec. 5. [Stricken out by constitutional amendment of March 24, 
1881.] 

Sec. 6. Every person shall be disqualified from holding office during 
the term for which he may have been elected, who shall have given or 
offered a bribe, threat, or reward to procure his election. 

Sec. 7. Every person who shall give or accept a challenge to fight a 
duel, or who shall knowingly carry to another person such challenge, 
or who shall agree to go out of the State to fight a duel, shall be in- 
eligible to any office of trust or profit. 

Sec. 8. The General Assembly shall have power to deprive of the 



56 APPENDIX C 

right of suffrage, and to render ineligible any person convicted of an 
infamous crime. 

Sec. 9. No person holding a lucrative office or appointment, under 
the United States, or under this State, shall be eligible to a seat in the 
General Assembly; nor shall any person hold more than one lucrative 
office at the same time, except as in this Constitution expressly per- 
mitted : Provided, That offices in the militia, to which there is attached 
no annual salary, and the office of Deputy Postmaster, where the com- 
pensation does not exceed ninety dollars per annum, shall not be 
deemed lucrative. And provided, also, That counties containing less 
than one thousand polls may confer the office of Clerk, Recorder, and 
Auditor, or any two of said offices, upon the same person. 

Sec. 10. No person who may hereafter be a collector or holder of 
public moneys, shall be eligible to any office of trust or profit until he 
shall have accounted for and paid over, according to law, all sums for 
which he may be liable. 

Sec. 11. In all cases in which it is provided that an office shall not 
be filled by the same person more than a certain number of years con- 
tinuously, an appointment pro tempore shall not be reckoned a part of 
that term. 

Sec. 12. In all cases, except treason, felony and breach of the peace, 
electors shall be free from arrest in going to elections, during their at- 
tendance there, and in returning from the same. 

Sec. 13. All elections by the people shall be by ballot; and all elec- 
tions by the General Assembly, or by either branch thereof, shall be 
viva voce. 

Sec. 14. All general elections shall be held on the first Tuesday 
after the first Monday in November; but township elections may be 
held at such time as may be provided by law: Provided, That the 
General Assembly may provide by law for the election of all judges of 
courts of general or appellate jurisdiction, by an election to be held 
for such officers only, at which time no other officer shall be voted for; 
and shall also provide for the registration of all persons entitled to 
vote. 

ARTICLE III , 

DISTRIBUTION OF POWERS 

Section 1. The powers of the Government are divided into three 
separate departments: the Legislative, the Executive (including the 
Administrative) and the Judicial; and no person charged with official 
duties under one of these departments shall exercise any of the func- 
tions of another except as in this Constitution expressly provided. 



APPENDIX C 57 

ARTICLE IV 

LEGISLATIVE 

Section 1. The legislative authority of the State shall be vested in 
a General Assembly, which shall consist of a Senate and House of 
Representatives. The style of every law shall be: "Be it enacted by 
the General Assembly of the State of Indiana," and no law shall be 
enacted except by bill. 

Sec. 2. The Senate shall not exceed fifty, nor the House of Repre- 
sentatives one hundred members, and they shall be chosen by the 
electors of the respective counties or districts into which the State 
may, from time to time, be divided. 

Sec. 3. Senators shall be elected for the term of four years, and 
Representatives for the term of two years, from the day next after their 
general election: Provided, however , That the Senators-elect, at the 
second meeting of the General Assembly under this Constitution, shall 
be divided, by lot, into two equal classes, as nearly as may be; and the 
seats of Senators of the first class shall be vacated at the expiration of 
two years, and those of the second class at the expiration of four years; 
so that one-half, as nearly as possible, shall be chosen biennially for- 
ever thereafter. And in case of increase in the number of Senators, 
they shall be so annexed by lot to the one or the other of the two 
classes as to keep them as nearly equal as practicable. 

Sec. 4. The General Assembly shall, at its second session after the 
adoption of this Constitution, and every sixth year thereafter, cause 
an enumeration to be made of all the male inhabitants over the age 
of twenty-one years. 

Sec. 5. The number of Senators and Representatives shall, at the 
session next following each period of making such enumeration, be 
fixed by law and apportioned among the several counties, according 
to the number of male inhabitants above twenty-one years of age in 
each: Provided, That the first and second elections of members of the 
General Assembly, under this Constitution, shall be according to the 
apportionment last made by the General Assembly before the adoption 
of this Constitution. 

Sec. 6. A Senatorial or Representative District, where more than 
one county shall constitute a district, shall be composed of contiguous 
counties, and no county, for Senatorial apportionment, shall ever be 
divided. 

Sec. 7. No person shall be a Senator or Representative, who, at the 
time of his election is not a citizen of the United States; nor any one 



58 APPENDIX C 

who has not been, for two years next preceding his election, an inhabi- 
tant of this State, and for one year next preceding his election, an in- 
habitant of the county or district whence he may be chosen. Senators 
shall be at least twenty-five and Representatives at least twenty-one 
years of age. 

Sec. 8. Senators and Representatives, in all cases except treason, 
felony, and breach of the peace, shall be privileged from arrest dur- 
ing the session of the General Assembly, and in going to and re- 
turning from the same, and shall not be subject to any civil process 
during the session of the General Assembly, nor during the fifteen 
days next before the commencement thereof. For any speech or de- 
bate in either House, a member shall not be questioned in any other 
place. 

Sec. 9. The sessions of the General Assembly shall be held biennially 
at the capital of the State, commencing on the Thursday next after 
the first Monday of January, in the year one thousand eight hundred 
and fifty-three, and on the same day of every second year thereafter, 
unless a different day or place shall have been appointed by law. But 
if, in the opinion of the Governor, the public welfare shall require it, 
he may, at any time, by proclamation, call a special session. 

Sec. 10. Each House, when assembled, shall choose its own officers 
(the President of the Senate excepted), judge the elections, qualifica- 
tions and returns of its own members, determine its rules of proceeding, 
and sit upon its own adjournment. But neither House shall, without 
the consent of the other, adjourn for more than three days, nor to any 
place other than that in which it may be sitting. 

Sec. 11. Two-thirds of each House shall constitute a quorum to do 
business; but a smaller number may meet, adjourn from day to day, 
and compel the attendance of absent members. A quorum being in 
attendance, if either House fail to effect an organization within the 
first five days thereafter, the members of the House so failing shall 
be entitled to no compensation from the end of the said five days until 
an organization shall have been effected. 

Sec. 12. Each House shall keep a journal of its proceedings, and pub- 
lish the same. The yeas and nays, on any question, shall, at the re- 
quest of any two members, be entered, together with the names of the 
members demanding the same, on the journal: Provided, That on a 
motion to adjourn it shall require one-tenth of the members present 
to order the yeas and nays. 

Sec. 13. The doors of each House, and of Committees of the Whole, 
shall be kept open, except in such cases as, in the opinion of either 
House, may require secrecy. 



APPENDIX C 59 

Sec. 14. Either House may punish its members for disorderly be- 
havior, and may, with the concurrence of two-thirds, expel a member; 
but not a second time for the same cause. 

Sec. 15. Either House during its session, may punish, by imprison- 
ment, any person not a member who shall have been guilty of disre- 
spect to the House, by disorderly or contemptuous behavior, in its 
presence; but such imprisonment shall not, at any time, exceed twenty- 
four hours. 

Sec. 16. Each House shall have all powers necessary for a branch of 
the legislative department of a free and independent State. 

Sec. 17. Bills may originate in either House, but may be amended 
or rejected in the other, except that bills for raising revenue shall 
originate in the House of Representatives. 

Sec. 18. Every bill shall be read by sections, on three several days 
in each House; unless, in case of emergency, two-thirds of the House 
where such bill may be depending shall, by a vote of yeas and nays, 
deem it expedient to dispense with this rule; but the reading of a bill 
by sections, on its final passage, shall in no case be dispensed with; 
and the vote on the passage of every bill or joint resolution shall be 
taken by yeas and nays. 

Sec. 19. Every act shall embrace but one subject, and matters 
properly connected therewith; which subject shall be expressed in the 
title. But if any subject shall be embraced in an act, which shall not 
be expressed in the title, such act shall be void only as to so much 
thereof as shall not be expressed in the title. 

Sec. 20. Every act and joint resolution shall be plainly worded, 
avoiding, as far as practicable, the use of technical terms. 

Sec. 21. No act shall ever be revised or amended by mere reference 
to its title; but the act revised, or section amended, shall be set forth 
and published at full length. 

Sec. 22. The General Assembly shall not pass local or special laws 
in any of the following enumerated cases, that is to say: 

Regulating the jurisdiction and duties of Justices of the Peace and 
of Constables; 

For the punishment of crimes and misdemeanors; 

Regulating the practice in courts of justice; 

Providing for changing the venue in civil and criminal cases; 

Granting divorces; 

Changing the names of persons; 

For laying out, opening and working on highways, and for the elec- 
tion or appointment of Supervisors; 

Vacating roads, town plats, streets, alleys and public squares; 



60 APPENDIX C 

Summoning and empanelling grand and petit jurors, and providing 
for their compensation; 

Regulating county and township business; 

Regulating the election of county and township officers and their 
compensations; 

For the assessment and collection of taxes for State, county, town- 
ship or road purposes; 

Providing for supporting common schools, and for the preservation 
of school funds. 

In relation to fees or salaries : except that the laws may be so made 
as to grade the compensation of officers in proportion to the population 
and the necessary services required; 

In relation to interest on money; 

Providing for opening and conducting elections of State, county or 
township officers, and designating the places of voting; 

Providing for the sale of real estate belonging to minors, or other 
persons laboring under legal disabilities, by executors, administrators, 
guardians or trustees. 

Sec. 23. In all the cases enumerated in the preceding section, and 
in all other cases where a general law can be made applicable, all laws 
shall be general and of uniform operation throughout the State. 

Sec. 24. Provisions may be made by general law for bringing suits 
against the State, as to all liabilities originating after the adoption of 
this Constitution; but no special act authorizing such suit to be brought, 
or making compensation to any person claiming damages against the 
State, shall ever be passed. 

Sec. 25. A majority of all the members elected to each House shall 
be necessary to pass every bill or joint resolution; and all bills and 
joint resolutions so passed shall be signed by the presiding officers of 
the respective Houses. 

Sec. 26. Any member of either House shall have the right to protest, 
and to have his protest, with his reasons for dissent, entered on the 
journal. 

Sec. 27. Every statute shall be a public law, unless otherwise de- 
clared in the statute itself. 

Sec. 28. No act shall take effect until the same shall have been pub- 
lished and circulated in the several counties of this State by authority, 
except in case of emergency; which emergency shall be declared in the 
preamble or in the body of the law. 

Sec. 29. The members of the General Assembly shall receive for 
their services a compensation, to be fixed by law; but no increase of 
compensation shall take effect during the session at which such increase 



APPENDIX C 61 

may be made. No session of the General Assembly, except the first 
under this Constitution, shall extend beyond the term of sixty-one 
days, nor any special session beyond the term of forty days. 

Sec. 30. No Senator or Representative shall, during the term for 
which he may have been elected, be eligible to any office, the election 
to which is vested in the General Assembly, nor shall he be appointed 
to any civil office of profit, which shall have been created, or the emol- 
uments of which shall have been increased, during such term; but this 
latter provision shall not be construed to apply to any office elective 
by the people. 

ARTICLE V 

EXECUTIVE 

Section 1. The executive powers of the State shall be vested in a 
Governor. He shall hold his office during four years, and shall not be 
eligible more than four years in any period of eight years. 

Sec. 2. There shall be a Lieutenant-Governor, who shall hold his 
office during four years. 

Sec. 3. The Governor and Lieutenant-Governor shall be elected at 
the times and places of choosing members of the General Assembly. 

Sec. 4. In voting for Governor and Lieutenant-Governor the elec- 
tors shall designate for whom they vote as Governor, and for whom as 
Lieutenant-Governor. The returns of every election for Governor and 
Lieutenant-Governor shall be sealed up and transmitted to the seat of 
government, directed to the Speaker of the House of Representatives, 
who shall open and publish them in the presence of both Houses of 
the General Assembly. 

Sec. 5. The persons, respectively, having the highest number of 
votes for Governor or Lieutenant-Governor, shall be elected; but in 
case two or more persons shall have an equal and the highest number 
of votes for either office, the General Assembly shall, by joint vote* 
forthwith proceed to elect one of the said persons Governor or Lieu- 
tenant-Governor, as the case may be. 

Sec. 6. Contested elections for Governor or Lieutenant-Governor 
shall be determined by the General Assembly, in such manner as may 
be prescribed by law. 

Sec. 7. No person shall be eligible to the office of Governor or Lieu- 
tenant-Governor who shall not have been five years a citizen of the 
United States, and also a resident of the State of Indiana during the 
five years next preceding his election; nor shall any person be eligible 
to either of the said offices who shall not have attained the age of thirty 
years. 



62 APPENDIX C 

Sec. 8. No member of Congress, or person holding any office under 
the United States, or under this State, shall fill the office of Governor 
or Lieutenant-Governor. 

Sec. 9. The official term of the Governor and Lieutenant-Governor 
shall commence on the Second Monday of January in the year one 
thousand eight hundred and fifty-three; and on the same day every 
fourth year thereafter. 

Sec. 10. In case of the removal of the Governor from office, or of his 
death, resignation or inability to discharge the duties of the office, the 
same shall devolve on the Lieutenant-Governor; and the General 
Assembly shall, by law, provide for the case of removal from office, 
death, resignation, or inability, both of the Governor and Lieutenant- 
Governor, declaring what officer shall then act as Governor; and such 
officer shall act accordingly until the disability be removed or a Gov- 
ernor be elected. 

Sec. 11. Whenever the Lieutenant-Governor shall act as Governor, 
or shall be unable to attend as President of the Senate, the Senate 
shall elect one of its own members as President for the occasion. 

Sec. 12. The Governor shall be commander-in-chief of the military 
and naval forces, and may call out such forces to execute the laws, or 
to suppress insurrection, or to repel invasion. 

Sec. 13. He shall, from time to time, give to the General Assembly 
information touching the condition of the State, and recommend such 
measures as he shall judge to be expedient. 

Sec. 14. Every bill which shall have passed the General Assembly 
shall be presented to the Governor; if he approve, he shall sign it, but 
if not, he shall return it, with his objections, to the House in which it 
shall have originated, which House shall enter the objections at large 
upon its journals and proceed to reconsider the bill. If, after such re- 
consideration, a majority of all the members elected to that House 
shall agree to pass the bill, it shall be sent, with the Governor's objec- 
tions, to the other House, by which it shall likewise be reconsidered, 
and, if approved by a majority of all the members elected to that 
House, it shall be a law. If any bill shall not be returned by the Gov- 
ernor within three days, Sundays excepted, after it shall have been 
presented to him, it shall be a law without his signature, unless the 
general adjournment shall prevent its return, in which case it shall be 
a law, unless the Governor, within five days next after such adjourn- 
ment, shall file such bill, with his objections thereto, in the office of 
the Secretary of State, who shall lay the same before the General 
Assembly at its next session in like manner as if it had been returned 
by the Governor. But no bill shall be presented to the Governor 



APPENDIX C 63 

within two days next previous to the final adjournment of the General 
Assembly. 

Sec. 15. The Governor shall transact all necessary business with 
the officers of Government, and may require information in writing 
from the officers of the administrative department, upon any subject 
relating to the duties of their respective offices. 

Sec. 16. He shall take care that the laws be faithfully executed. 

Sec. 17. He shall have the power to grant reprieves, commutations 
and pardons, after conviction, for all offenses except treason and cases 
of impeachment, subject to such regulations as may be provided by 
law. Upon conviction for treason, he shall have power to suspend the 
execution of the sentence until the case shall be reported 4o the Gen- 
eral Assembly at its next meeting, when the General Assembly shall 
either grant a pardon, commute the sentence, direct the execution of 
the sentence, or grant a further reprieve. He shall have power to re- 
mit fines and forfeitures, under such regulations as may be prescribed 
by law, and shall report to the General Assembly at its next meeting, 
each case of reprieve, commutation or pardon granted, and also the 
names of all persons in whose favor remissions of fines and forfeitures 
shall have been made, and the several amounts remitted: Provided, 
however, That the General Assembly may, by law, constitute a council, 
to be composed of officers of State, without whose advice and consent 
the Governor shall not have power to grant pardons in any case ex- 
cept such as may, by law, be left to his sole power. 

Sec. 18. When, during a recess of the General Assembly, a vacancy 
shall happen in any office, the appointment to which is vested in the 
General Assembly, or when, at any time, a vacancy shall have occurred 
in any other State office, or in the office of judge of any court, the Gov- 
ernor shall fill such vacancy by appointment, which shall expire when 
a successor shall have been elected and qualified. 

Sec. 19. He shall issue writs of election to fill such vacancies as may 
have occurred in the General Assembly. 

Sec. 20. Should the seat of government become dangerous from 
disease or a common enemy, he may convene the General Assembly 
at any other place. 

Sec. 21. The Lieutenant-Governor shall, by virtue of his office, be 
President of the Senate; have a right, when in Committee of the Whole, 
to join in debate, and to vote on all subjects, and, whenever the Senate 
shall be equally divided, he shall give the casting vote. 

Sec. 22. The Governor shall, at stated times, receive for his services 
a compensation which shall neither be increased nor diminished during 
the term for which he shall have been elected. 



64 APPENDIX C 

Sec. 23. The Lieutenant-Governor, while he shall act as President 
of the Senate, shall receive for his services the same compensation as 
the Speaker of the House of Representatives; and any person acting 
as Governor shall receive the compensation attached to the office of 
Governor. 

Sec. 24. Neither the Governor nor Lieutenant-Governor shall be 
eligible to any other office during the term for which he shall have 
been elected. 

ARTICLE VI 

ADMINISTRATIVE 

Section 1. There shall be elected by the voters of the State, a Secre- 
tary, an Auditor, and a Treasurer of State, who shall severally hold 
their offices for two years. They shall perform such duties as may be 
enjoined by law; and no person shall be eligible to either of said offices 
more than four years in any period of six years. 

Sec. 2. There shall be elected in each county, by the voters thereof, 
at the time of holding general elections, a Clerk of the Circuit Court, 
Auditor, Recorder, Treasurer, Sheriff, Coroner and Surveyor. The 
Clerk, Auditor, and Recorder shall continue in office four years, and no 
person shall be eligible to the office of Clerk, Recorder or Auditor more 
than eight years in any period of twelve years. The Treasurer, Sheriff, 
Coroner and Surveyor shall continue in office two years; and no per- 
son shall be eligible to the office of Treasurer or Sheriff more than four 
years in any period of six years. 

Sec. 3. Such other county and township officers as may be necessary 
shall be elected or appointed, in such manner as may be prescribed by 
law. 

Sec. 4. No person shall be elected or appointed as a county officer 
who shall not be an elector of the county; nor any one who shall not 
have been an inhabitant thereof during one year next preceding his 
appointment, if the county shall have been so long organized; but if 
the county shall not have been so long organized, then within the 
limits of the county or counties out of which the same shall have been 
taken. 

Sec. 5. The Governor, and the Secretary, Auditor and Treasurer of 
State, shall, severally, reside and keep the public records, books, and 
papers, in any manner relating to the respective offices, at the seat of 
government. 

Sec. 6. All county, township and town officers shall reside within 
their respective counties, townships and towns, and shall keep their 



APPENDIX C 65 

respective offices at such places therein, and perform such duties as 
may be directed by law. 

Sec. 7. All State officers shall, for crime, incapacity, or negligence, 
be liable to be removed from office, either by impeachment by the House 
of Representatives, to be tried by the Senate, or by a joint resolution 
of the General Assembly; two-thirds of the members elected to each 
branch voting, in either case, therefor. 

Sec. 8. All State, county, township and town officers may be im- 
peached or removed from office in such manner as may be prescribed 
by law. 

Sec. 9. Vacancies in county, township and town offices shall be 
filled in such manner as may be prescribed by law. 

Sec. 10. The General Assembly may confer upon the Boards doing 
county business in the several counties powers of a local administrative 
character. 

ARTICLE VII 

JUDICIAL 

Section 1. The judicial power of the State shall be vested in a 
Supreme Court, in Circuit Courts, and in such other courts as the 
General Assembly may establish. 

Sec. 2. The Supreme Court shall consist of not less than three nor 
more than five Judges; a majority of whom shall form a quorum. They 
shall hold their offices for six years, if they so long behave well. 

Sec. 3. The State shall be divided into as many districts as there 
are Judges of the Supreme Court, and such districts shall be formed of 
contiguous territory, as nearly equal in population as, without dividing 
a county, the same can be made. One of said Judges shall be elected 
from each district, and reside therein; but said Judge shall be elected 
by the electors of the State at large. 

Sec. 4. The Supreme Court shall have jurisdiction co-extensive 
with the limits of the State, in appeals and writs of error, under such 
regulations and restrictions as may be prescribed by law. It shall 
also have such original jurisdiction as the General Assembly may 
confer. 

Sec. 5. The Supreme Court shall, upon the decision of every case, 
give a statement in writing of each question arising in the record of 
such case, and the decision of the Court thereon. 

Sec. 6. The General Assembly shall provide by law for the speedy 
publication of the decisions of the Supreme Court, made under this 
Constitution, but no Judge shall be allowed to report such decisions. 



66 APPENDIX C 

Sec. 7. There shall be elected by the voters of the State, a Clerk of 
the Supreme Court, who shall hold his office four years, and whose duties 
shall be prescribed by law. 

Sec. 8. The Circuit Courts shall each consist of one judge, and shall 
have such civil and criminal jurisdiction as may be prescribed, by law. 

Sec. 9. The State shall, from time to time, be divided into judicial 
circuits, and a judge for each circuit shall be elected by the voters 
thereof. He shall reside within the circuit and shall hold his office for 
the term of six years, if he so long behave well. 

Sec. 10. The General Assembly may provide, by law, that the judge 
of one circuit may hold the courts of another circuit in cases of neces- 
sity or convenience; and in case of temporary inability of any judge, 
from sickness or other cause, to hold the courts in his circuit, provision 
may be made, by law, for holding such courts. 

Sec. 11. There shall be elected in each judicial circuit, by the voters 
thereof, a prosecuting attorney, who shall hold his office for two years. 

Sec. 12. Any judge or prosecuting attorney who shall have been 
convicted of corruption or other high crime, may, on information in 
the name of the State, be removed from office by the Supreme Court, 
or in such other manner as may be prescribed by law. 

Sec. 13. The judges of the Supremo Court and Circuit Courts shall, 
at stated times, receive a compensation, which shall not be diminished 
during their continuance in office. 

Sec. 14. A competent number of justices of the peace shall be elected 
by the voters in each township in the several counties. They shall con- 
tinue in office four years, and their powers and duties shall be pre- 
scribed by law. 

Sec. 15. All judicial officers shall be conservators of the peace in their 
respective jurisdictions. 

Sec. 16. No person elected to any judicial office shall, during the 
term for which he shall have been elected, be eligible to any office of 
trust or profit under the State, other than a judicial office. 

Sec. 17. The General Assembly may modify or abolish the grand 
jury system. 

Sec. 18. All criminal prosecutions shall be carried on in the name, 
and by the authority of the State; and the style of all processes shall be, 
"The State of Indiana." 

Sec. 19. Tribunals of conciliation may be established, with such pow- 
ers and duties as shall be prescribed by law; or the powers and duties of 
the same may be conferred upon other courts of justice; but such tri- 
bunals or other courts, when sitting as such, shall have no power to 
render judgment to be obligatory on the parties unless they voluntarily 



APPENDIX C 67 

submit their matters of difference and agree to abide the judgment of 
such tribunal or court. 

Sec. 20. The General Assembly, at its first session after the adoption 
of this Constitution, shall provide for the appointment of three com- 
missioners whose duty it shall be to revise, simplify and abridge the 
rules, practice, pleadings and forms of the courts of justice. And they 
shall provide for abolishing the distinct forms of action at law now in 
use; and that justice shall be administered in a uniform mode of plead- 
ing, without distinction between law and equity. And the General 
Assembly may also make it the duty of said commissioners to reduce 
into a systematic code of general statute law of the State; and said 
commissioners shall report the result of their labors to the General 
Assembly, with such recommendations and suggestions, as to abridg- 
ment and amendment, as to said commissioners may seem necessary or 
proper. Provision shall be made by law for filling vacancies, regulating 
the tenure of office and the compensation of said commissioners. 

Sec. 21. Every person of good moral character, being a voter, shall 
be entitled to admission to practice law in all courts of justice. 

ARTICLE VIII 

EDUCATION 

Section 1. Knowledge and learning generally diffused throughout 
a community, being essential to the preservation of a free government, 
it shall be the duty of the General Assembly to encourage, by all suitable 
means, moral, intellectual, scientific, and agricultural improvement, and 
to provide by law, for a general and uniform system of common schools, 
wherein tuition shall be without charge, and equally open to all. 

Sec 2. The Common School Fund shall consist of the congressional 
township fund and the lands belonging thereto; 

The surplus revenue fund; 

The saline fund and the lands belonging thereto; 

The bank tax fund, and the fund arising from the one hundred and 
fourteenth section of the charter of the State Bank of Indiana; 

The fund to be derived from the sale of county seminaries, and the 
moneys and property heretofore held for such seminaries; from the 
fines assessed for breaches of the penal laws of the State; and from 
all forfeitures which may accrue; 

All lands and other estate which shall escheat to the State for want 
of heirs or kindred entitled to the inheritance; 

All lands that have been or may hereafter be granted to the State, 



68 APPENDIX C 

where no special purpose is expressed in the grant, and the proceeds 
of the sale thereof; including the proceeds of the sales of the swamp 
lands granted to the State of Indiana by the act of Congress, of the 
28th of September, 1850, after deducting the expense of selecting and 
draining the same; 

Taxes on the property of corporations that may be assessed by the 
General Assembly for common school purposes. 

Sec. 3. The principal of the Common School Fund shall remain a 
perpetual fund, which may be increased, but shall never be diminished; 
and the income thereof shall be inviolably appropriated to the sup- 
port of common schools, and to no other purpose whatever. 

Sec. 4. The General Assembly shall invest, in some safe and profit- 
able manner, all such portions of the Common School Fund as have 
not heretofore been entrusted to the several counties; and shall make 
provision, by law, for the distribution, among the several counties, of 
the interest thereof. 

Sec. 5. If any county shall fail to demand its proportion of such 
interest for common school purposes, the same shall be reinvested for 
the benefit of such county. 

Sec. 6. The several counties shall be held liable for the preservation 
of so much of the said fund as may be entrusted to them, and for the 
payment of the annual interest thereon. 

Sec. 7. All trust funds held by the State shall remain inviolate, and 
be faithfully and exclusively applied to the purposes for which the 
trust was created. 

Sec. 8. The General Assembly shall provide for the election, by the 
voters of the State, of a State Superintendent of Public Instruction, 
who shall hold his office for two years, and whose duties and compen- 
sation shall be prescribed by law. 

ARTICLE IX 

STATE INSTITUTIONS 

Section 1. It shall be the duty of the General Assembly to provide 
by law for the support of Institutions for the Education of the Deaf 
and Dumb, and of the Blind; and also for the treatment of the Insane. 

Sec. 2. The General Assembly shall provide Houses of Refuge for 
the correction and reformation of juvenile offenders. 

Sec. 3. The County Boards shall have power to provide farms as an 
asylum for those persons who, by reason of age, infirmity, or other 
misfortune, have claims upon the sympathies and aid of society. 



APPENDIX C 69 

ARTICLE X 

FINANCE 

Section 1. The General Assembly shall provide, by law, for a uni- 
form and equal rate of assessment and taxation; and shall prescribe 
such regulations as shall secure a just valuation for taxation of all 
property, both real and personal, excepting such only for municipal, 
educational, literary, scientific, religious or charitable purposes, as 
may be specially exempted by law. 

Sec. 2. All the revenues derived from the sale of any of the public 
works belonging to the State, and from the net annual income thereof, 
and any surplus that may, at any time, remain in the treasury, derived 
from taxation, for general State purposes, after the payment of the 
ordinary expenses of the government, and of the interest on bonds of 
the State, other than bank bonds, shall be annually applied, under 
the direction of the General Assembly, to the payment of the principal 
of the public debt. 

Sec. 3. No money shall be drawn from the treasury but in pursuance 
of appropriations made by law. 

Sec. 4. An accurate statement of the receipts and expenditures of 
the public money shall be published with the laws of each regular ses- 
sion of the General Assembly. 

Sec. 5. No law shall authorize any debt to be contracted, on behalf 
of the State, except in the following cases: To meet casual deficits in 
the revenue; to pay the interest on the State debt; to repel invasion, 
suppress insurrection, or, if hostilities be threatened, provide for public 
defense. 

Sec. 6. No county shall subscribe for stock in any incorporated com- 
pany, unless the same be paid for at the time of such subscription; 
nor shall any county loan its credit to any incorporated company, nor 
borrow money for the purpose of taking stock in any such company; 
nor shall the General Assembly ever, on behalf of the State, assume 
the debts of any county, city town or township, nor of any corporation 
whatever. 

Sec. 7. No law or resolution shall ever be passed by the General 
Assembly of the State of Indiana that shall recognize any liability of 
this State to pay or redeem any certificate of stocks issued in pursuance 
of an act entitled "An act to provide for the funded debt of the State 
of Indiana, and for the completion of the Wabash & Erie Canal to Evans- 
ville," passed January 19, 1846, and an act supplemental to said act 
passed January 29, 1847, which, by the provisions of the said acts, or 



70 APPENDIX C 

either of them, shall be payable exclusively from the proceeds of the 
canal lands, and the tolls and revenues of the canal in said acts men- 
tioned; and no such certificates of stock shall ever be paid by this 
State. 

[Note. — Agreed to by a majority of the members elected to each of the two 
houses of the General Assembly, Regular Session of 1871, and referred to the 
General Assembly to be chosen at the next general election. Agreed to by a 
majority of the members elected to each House of the General Assembly, Special 
Session of 1872. Submitted to the electors of the State by an act approved 
January 28, 1873. Ratified by a majority of the electors at an election held on 
the 18th day of February, 1873. Declared a part of the Constitution by proc- 
lamation of Thomas A. Hendricks, Governor, dated March 7, 1873.] 

ARTICLE XI 

CORPORATIONS 

Section 1. The General Assembly shall not have power to establish 
or incorporate any bank or banking company or moneyed institution 
for the purpose of issuing bills of credit, or bills payable to order or 
bearer, except under the conditions prescribed in this Constitution. 

Sec. 2. No bank shall be established otherwise than under a general 
banking law, except as provided in the fourth section of this article. 

Sec. 3. If the General Assembly shall enact a general banking law, 
such law shall provide for the registry and countersigning, by an 
officer of State, of all paper credit designed to be circulated as money; 
and ample collateral security, readily convertible into specie, for the 
redemption of the same in gold or silver, shall be required; which 
collateral security shall be under the control of the proper officer or 
officers of State. 

Sec. 4. The General Assembly may also charter a bank with branches, 
without collateral security, as required in the preceding section. 

Sec. 5. If the General Assembly shall establish a bank with branches, 
the branches shall be mutually responsible for each other's liabilities, 
upon all paper credit issued as money. 

Sec. 6. The stockholders in every bank, or banking company, shall 
be individually responsible to an amount over and above their stock, 
equal to their respective shares of stock, for all debts or liabilities of 
said bank or banking company. 

Sec. 7. All bills or notes issued as money shall be, at all times, re- 
deemable in gold or silver; and no law shall be passed, sanctioning, 
directly or indirectly, the suspension, by any bank or banking com- 
pany, of specie payments. 



APPENDIX C 71 

Sec. 8. Holders of bank notes shall be entitled, in case of insolvency, 
to preference of payment over all other creditors. 

Sec. 9. No bank shall receive, directly or indirectly, a greater rate 
of interest than shall be allowed by law to individuals loaning money. 

Sec. 10. Every bank, or banking company, shall be required to cease 
all banking operations within twenty years from the time of its organi- 
zation, and promptly thereafter to close its business. 

Sec. 11. The General Assembly is not prohibited from investing 
the trust funds in a bank with branches; but in case of such invest- 
ment, the safety of the same shall be guaranteed by unquestionable 
security. 

Sec. 12. The State shall not be a stockholder in any bank after the 
expiration of the present bank charter; nor shall the credit of the State 
ever be given, or loaned, in aid of any person, association, or corpora- 
tion, nor shall the State hereafter become a stockholder in any corpora- 
tion or association. 

Sec. 13. Corporations, other than banking, shall not be created by 
special act, but may be formed under general laws. 

Sec. 14. Dues from corporations, other than banking, shall be se- 
cured by such individual liability of the corporators, or other means, as 
may be prescribed by law. 

ARTICLE XII 

MILITIA 

Section 1. The militia shall consist of all able-bodied white male 
persons between the ages of eighteen and forty-five years, except such 
as may be exempted by the laws of the United States or of this State; 
and shall be organized, officered, armed, equipped and trained in such 
manner as may be provided by law. 

Sec. 2. The Governor shall appoint the Adjutant, Quartermaster 
and Commissary Generals. 

Sec. 3. All militia officers shall be commissioned by the Governor, 
and shall hold their offices not longer than six years. 

Sec. 4. The General Assembly shall determine the method of divid- 
ing the militia into divisions, brigades, regiments, battalions and com- 
panies, and fix the rank of all staff officers. 

Sec. 5. The militia may be divided into classes of sedentary and active 
militia in such manner as shall be prescribed by law. 

Sec. 6. No person conscientiously opposed to bearing arms shall be 
compelled to do militia duty; but such person shall pay an equivalent 
for exemption; the amount to be prescribed by law. 



72 APPENDIX C 

ARTICLE XIII 

POLITICAL AND MUNICIPAL CORPORATIONS 

Section 1. No political or municipal corporation in this State shall 
ever become indebted, in any manner or for any purpose, to any amount 
in the aggregate exceeding two per centum on the value of taxable prop- 
erty within such corporation, to be ascertained by the last assessment 
for State and county taxes, previous to the incurring of such indebted- 
ness, and all bonds or obligations, in excess of such amount, given by 
such corporations, shall be void: Provided, That in time of war, for- 
eign invasion, or other great public calamity, on petition of a majority 
of the property owners, in number and value, within the limits of such 
corporation, the public authorities in their discretion may incur obliga- 
tions necessary for the public protection and defense, to such an amount 
as may be requested in such petition. 

[The original article 13 is stricken out and the amendment of March 24, 1881, 
inserted in lieu thereof.] 

ARTICLE XIV 

BOUNDARIES 

Section 1. In order that the boundaries of the State may be known 
and established, it is hereby ordained and declared that the State of 
Indiana is bounded on the east by the meridian line which forms the 
western boundary of the State of Ohio; on the south by the Ohio River, 
from the mouth of the Great Miami River to the mouth of the Wabash 
River; on the west by a line drawn along the middle of the Wabash 
River, from its mouth to a point where a due north line, drawn from the 
town of Vincennes, would last touch the northwestern shore of said 
Wabash River; and thence by a due north line, until the same shall 
intersect an east and west line, drawn through a point ten miles north 
of the southern extreme of Lake Michigan; on the north by said east 
and west line, until the same shall intersect the first-mentioned merid- 
ian line, which forms the western boundary of the State of Ohio. 

Sec. 2. The State of Indiana shall possess jurisdiction and sover- 
eignty co-extensive with the boundaries declared in the preceding sec- 
tion; and shall have concurrent jursidiction, in civil and criminal cases, 
with the State of Kentucky on the Ohio River, and with the State of 
Illinois on the Wabash River, so far as said rivers form the common 
boundary ^between this State and said States, respectively. 



APPENDIX C 73 



ARTICLE XV 

MISCELLANEOUS 

Section 1. All officers whose appointment is not otherwise provided 
for in this Constitution shall be chosen in such manner as now is, or 
hereafter may be, prescribed by law. 

Sec. 2. When the duration of any office is not provided for by this 
Constitution, it may be declared by law; and if not so declared, such 
office shall be held during the pleasure of the authority making the 
appointment. But the General Assembly shall not create any office 
the tenure of which shall be longer than four years. 

Sec. 3. Whenever it is provided in this Constitution, or in any law 
which may be hereafter passed, that any officer, other than a member 
of the General Assembly, shall hold his office for any given term, the 
same shall be construed to mean that such officer shall hold his office for 
such term, and until his successor shall have been elected and qualified. 

Sec. 4. Every person elected or appointed to any office under this 
Constitution shall, before entering on the duties thereof, take an oath 
or affirmation to support the Constitution of this State and of the 
United States, and also an oath of office. 

Sec. 5. There shall be a seal of State, kept by the Governor for 
official purposes, which shall be called the Seal of the State of Indiana. 

Sec. 6. All commissions shall issue in the name of the State, shall be 
signed by the Governor, sealed by the State Seal, and attested by the 
Secretary of State. 

Sec. 7. No county shall be reduced to an area less than four hundred 
square miles; nor shall any county under that area be further reduced. 

Sec. 8. No lottery shall be authorized, nor shall the sale of lottery 
tickets be allowed. 

Sec. 9. The following grounds owned by the State in Indianapolis: 
The State House Square, the Governor's Circle, and so much of out- 
lot numbered one hundred and forty-seven as lies north of the arm of 
the Central Canal, shall not be sold or leased. 

Sec. 10. It shall be the duty of the General Assembly to provide 
for the permanent enclosure and preservation of the Tippecanoe Battle- 
Ground. 

ARTICLE XVI 

AMENDMENTS 

Section 1. Any amendment or amendments to this Constitution 
may be proposed in either branch of the General Assembly; and if 



74 APPENDIX C 

the same shall be agreed to by a majority of the members elected to each 
of the two houses, such proposed amendment or amendments shall, with 
the yeas and nays thereon, be entered on their journals and referred to 
the General Assembly to be chosen at the next general election; and, 
if in the General Assembly so next chosen, such proposed amendment 
or amendments shall be agreed to by a majority of all the members 
elected to each House, then, it shall be the duty of the General Assembly 
to submit such amendment or amendments to the electors of the State, 
and if a majority of said electors shall ratify the same, such amendment 
or amendments shall become a part of this Constitution. 

Sec. 2. If two or more amendments shall be submitted at the same 
time, they shall be submitted in such manner that the electors shall 
vote for or against each of such amendments separately; and while 
such amendment or amendments which shall have been agreed upon by 
one General Assembly shall be awaiting the action of the succeeding 
General Assembly, or of the electors, no additional amendment or 
amendments shall be proposed. 

SCHEDULE 

This Constitution, if adopted, shall take effect on the first day of 
November, in the year one thousand eight hundred and fifty-one, and 
shall supersede the Constitution adopted in the year one thousand 
eight hundred and sixteen. That no inconvenience may arise from 
the change in the government, it is hereby ordained as follows: 

First. All laws now in force and not inconsistent with this Consti- 
tution shall remain in force until they shall expire or be repealed. 

Second. All indictments, prosecutions, suits, pleas, plaints and other 
proceedings pending in any of the courts, shall be prosecuted to final 
judgment and execution; and all appeals, writs of error, certiorari and 
injunctions shall be carried on in the several courts, in the same manner 
as is now provided by law. 

Third. All fines, penalties and forfeitures, due or accruing to the 
State, or to any county therein, shall inure to the State, or to such 
county in the matter prescribed by law. All bonds executed to the 
State, or to any officer in his official capacity, shall remain in force, 
and inure to the use of those concerned. 

Fourth. All acts of incorporations for municipal purposes shall con- 
tinue in force under this Constitution, until such time as the General 
Assembly shall, in its discretion, modify or repeal the same. 

Fifth. The Governor, at the expiration of the present official term, 
shall continue to act until his successor shall have been sworn into office. 



APPENDIX C 75 

Sixth. There shall be a session of the General Assembly, commencing 
on the first Monday of December, in the year one thousand eight hun- 
dred and fifty-one. 

Seventh. Senators now in office and holding over, under the existing 
Constitution, and such as may be elected at the next general election, 
and the Representatives then elected, shall continue in office until 
the next general election under this Constitution. 

Eighth. The first general election under this Constitution shall be 
held in the year one thousand eight hundred and fifty-two. 

Ninth. The first election for Governor, Lieutenant-Governor, Judges 
of the Supreme Court and Circuit Courts, Clerk of the Supreme Court, 
Prosecuting Attorney, Secretary, Auditor, and Treasurer of State, and 
State Superintendent of Public Instruction, under this Constitution, 
shall be held at the general election in the year one thousand eight 
hundred and fifty-two; and such of said officers as may be in office 
when this Constitution shall go into effect, shall continue in their re- 
spective offices until their successors shall have been elected and qual- 
ified. 

Tenth. Every person elected by popular vote, and now in any office 
which is continued by this Constitution, and every person who shall be 
so elected to any such office before the taking effect of this Constitution 
(except as in this Constitution otherwise provided), shall continue in 
office until the term for which such person has been, or may be, elected, 
shall expire: Provided, That no such person shall continue in office, 
after the taking effect of this Constitution, for a longer period than the 
term of such office in this Constitution prescribed. 

Eleventh. On the taking effect of this Constitution, all officers thereby 
continued in office shall, before proceeding in the further discharge of 
their duties, take an oath or affirmation to support this Constitution. 

Twelfth. All vacancies that may occur in existing offices prior to the 
first general election under this Constitution, shall be filled in the 
manner now prescribed by law. 

Thirteenth. At the time of submitting this Constitution to the elec- 
tors for their approval or disapproval, the article No. 13, in relation to 
negroes and mulattoes, shall be submitted as a distinct proposition, 
in the following form: "Exclusion and Colonization of Negroes and 
Mulattoes/ ' "Aye," or "No." And if a majority of the votes cast 
shall be in favor of said article, then the same shall form a part of this 
Constitution, otherwise it shall be void and form no part thereof. 

Fourteenth. No article or section of this Constitution shall be sub- 
mitted as a distinct proposition to a vote of the electors otherwise than 
is herein provided. 



76 APPENDIX C 

Fifteenth. Whenever a portion of the citizens of the counties of 
Perry and Spencer shall deem it expedient to form, of the contiguous 
territory of said counties, a new county, it shall be the duty of those 
interested in the organization of such new county, to lay off the same 
by proper metes and bounds of equal portions, as nearly as practicable, 
not to exceed one-third of the territory of each of said counties. The 
proposal to create such new county shall be submitted to the voters of 
said counties, at a general election, in such manner as shall be prescribed 
by law. And if a majority of all the votes given at said election shall 
be in favor of the organization of said new county, it shall be the duty 
of the General Assembly to organize the same out of the territory thus 
designated. 

Sixteenth. The General Assembly may alter or amend the charter 
of Clarksville, and make such regulations as may be necessary for carry- 
ing into effect the objects contemplated in granting the same and the 
funds belonging to said town shall be applied according to the inten- 
tion of the grantor. 

Done in convention, at Indianapolis, the tenth day of February, 
in the year of our Lord, one thousand eight hundred and fifty-one, and 
of the independence of the United States, the seventy-fifth. 

GEORGE WHITFIELD CARR, 

President and Delegate from the County of Lawrence. 

Attest: Wm. H. English, 

Principal Secretary. 

Geo. L. Sites, 
Herman G. Barkwell, 
Robert M. Evans, 

Assistant Secretaries. 



INDEX 



Academy of Science, Indiana, 22. 
Accounting Board, Public, 18. 
Adjutant-General, 18. 
Administrative Officers, 14. 
Agriculture, State Board of, 22. 
Antietam Commission, 22. 
Apiaries, Inspection of, 20. 
Appellate Court, 27. 
Apportionment, Legislative, 6. 
Assessor, County, 33; Township, 39. 
Attorney, City, 43; County, 36; Prose- 
cuting, 28, 34. 
Attorney-General, 12. 
Auditor, County, 32; State, 12. 

Bacteriological Department, 15. 
Banks, Examination of, 12. 
Battlefield Memorial Commissions, 22. 
Bill of Rights, 3. 
Blind, Institution for, 24. 
Boilers, Inspection of, 20. 
Building and Loan Associations, Ex- 
amination of, 12. 
Buildings, Inspection of, 20. 

Charitable Institutions, Inspection of, 
16-17. 

Charities, Board of State, 16-17; Coun- 
ty Board of, 35. 

Chemist, Chief, 14. 

Chickamauga Commission, 22. 

Children's Guardians, Board of, 35. 

Circuit Courts, 27. 

City Government, 39, 40; Classification, 
39-40. 

Claims, Court of, 27. 

Clerk, City, 41; County, 32; of Supreme 
Court, 13-14. 

Commissary-General, 18-19. 

Constables, 39. 

Constitution, 2-5; Text of, 52-76. 

Constitutional Conventions, 2. 

Contract, Impairing, 4. 

Controller, City, 43. 

Corn Growers' Association, 22. 

Coroner, County, 33. 

Council, City, 41; County, 31 

Counties, Organization of, 36-38; Map, 
37. 



County Attorney, 36; Clerk, 32; Com- 
missioners, 31; Council, 31; Officials, 
31; Physician, 35. 

Courts, 26; County, 34; Judges, 26, 27, 
34; Officers, 27, 32, 36, 39. 

Criminal Courts, 27-28. 

Dairymen's Association, 22. 
Deaf, Institution for, 24. 
Dental Examiners, Board of, 21. 
Depositories for State Funds, 12, 18. 
Documents, Distribution of, 16. 
Drugs, Laboratory of, 14. 

Education, County Board of, 34; State 

Board of, 15. 
Educational Institutions, 23. 
Elections, 4. 

Embalmers, Board of, 21. 
Employment Bureau, 13. 
Entomologist, 20. 
Epileptic Village, 24. 
Equalization, County Board of, 36. 
Executive Department, 10. 

Factory Inspector, 19-20. 
Feeble-Minded, School for, 24. 
Finance, State Board of, 18. 
Fisheries and Game, Commissioner of, 

20. 
Florists' Association, 22. 
Food, Commissioner of, 14; Laboratory 

of, 14. 
Foreigners, Right to Vote, 4 
Forestry, Board of, 20. 
Freedom of Speech, 3. 

Geologist, State, 13. 

Governor: Age, 10; Duties of, 10; 

Historical List of, 47-48; Length of 

Term, 11; Message to Legislature, 10; 

Pardoning Power, 10; Salary, 11; 

Term of Office, 11; Veto, 10. 
Grand Jury, 36. 

Habeas Corpus, 2, 4. 
Health, State Board of, 14; City Board 
of, 43. 



77 



78 



INDEX 



High Schools Commissioned by Board 

of Education, 15. 
Historical Society of Indiana, 22. 
Horticultural Diseases, 20. 
Horticultural Society, State, 22. 
House of Representatives, 5; Age of 

Members, 6; Number in, 5; Pay of 

Members, 8; Presiding Officer, 7; 

Rights of Members, 6. 
Hygiene, Laboratory of, 14. 

Impeachment of State Officers, 14. 
Indiana Centennial Commission, 22. 
Indiana Territory, 2. 
Indiana University, 23. 
Industrial Education Commission, 22. 
Insane, Hospitals for, 23 ; County Hos- 
pitals for, 35. 
Inspection, State Bureau of, 19-20. 
Insurance Department, 12. 

Judge, City, 41. 

Judges, 26, 27. 

Judiciary, County, 34; State, 26, 27. 

Jury, Commissioners, 36; Grand, 36; 

Trial by, 3. 
Justices of the Peace, 39. 
Juvenile Court, 28. 

Laboratory of Hygiene, Food and 
Drugs, 14. 

Land Records, 12. 

Law-Making, 7. 

Laws, Local and Special, 7. 

Laws, Published by Secretary of State, 
12. 

Legislative Department, 5; Investigat- 
ing Committee, 19; Reference Depart- 
ment, 17. 

Legislature: Apportionment, 6; Com- 
mittees of, 8; Duties of, 7; Election 
of U. S. Senators, 9; Journals of, 7; 
Length of Sessions, 6; Officers of, 7; 
Pay of Members, 8; Qualifications of 
Members, 6; Rights of Members, 6; 
Sessions of, 6; Special Sessions, 6. 

Librarian, State, 16; City, 43. 

Libraries, Travelling, 16. 

Library, Board of State, 15; State, 16; 
Supreme Court, 28. 

Lieutenant Governor: Duties of, 11; 
Length of Term, 11; Pay of, 11; 
Presiding Officer of Senate, 7, 11. 

Live Stock Breeders' Association, 22. 

Local Government, 30. 

Local Legislation Prohibited, 7. 

Master Commissioner, 36. 
Mayor, The, 41. 



Medical Registration and Examination, 
State Board of, 15. 

Militia, 19; Governor Commander-in- 
Chief of, 10, 19. 

Mines and Mining, Inspection of, 20. 

Museum, 13. 

National Guard, 19. 
Nominations for Office, 44. 
Normal Instruction, 15. 
Normal School, State, 23. 
Northwest Territory, 1. 
Notaries Public, 20. 
Nurses, Registration and Examination 
of, 21. 

Office, Eligibility to, 4. 

Officers, Removal of, 14. 

Oil Inspector, 21. 

Ordinance of 1787, 1, 49, 50, 51. 

Pardons, Board of, 17; Governor's 

Power to Grant, 10. 
Park Commissioners, Board of, 43. 
Penal Institutions, 23. 
People, Rights of, 3. 
Pharmacy, Board of, 21. 
Physician, County, 35. 
Physicians, Licensing, 15. 
Poor Farm, County, 35. 
Poor Relief, Township, 17. 
Preamble, 3. 
Primaries, 44-45. 

Printing, Commissioners of Public, 18. 
Prison Labor Commission, 22. 
Prisons, 23. 
Probate Commissioner, 36; Court, 34; 

Judge, 34. 
Probation Officers, 28. 
Prosecuting Attorney, 28, 34. 
Public Instruction, Superintendent of ,13. 
Public Library Commission, 16. 
Purdue University, 23. 

Quartermaster-General, 18. 

Questions: On Constitution and Legis- 
lative Department, 9; On the Courts, 
29; On the Governor and Administra- 
tive Offices, 24-25; On Local Govern- 
ment, 45. 

Railroad Commission, 18. 
Recorder, County, 33. 
Reformation, 3. 
Reformatory, 23. 
Reporter of Supreme Court, 14. 
Revenue, 43; School. 44. 
Review, County Board of, 36. 



INDEX 



79 



Rights, Bill of, 3. 
Road Supervisor, 39. 



Safety, Board of Public, 42. 

School Book Commissioners, 15. 

Schools: City Board of, 42; City Super- 
intendent, 43; County Superintend- 
ent, 34; Courses of Study, 15; Funds, 
13, 44; Laws, 13; Revenues, 44; 
Text Books, 15. 

Secretary of State, 11-12. 

Senate, 6; Age of Senators, 6; Number 
in, 6; Pay of Members, 8; Presiding 
Officer of, 7 ; Rights of Members, 6. 

Sheriff, County, 32-33. 

Shiloh Commission, 22. 

Short-Horned Breeders' Association, 22. 

Soldiers' Home, 24. 

Soldiers and Sailors' Monument, 22; 
Orphans' Home, 24. 

Speaker, 7, 11. 

Special Commissions, 22. 

Special Legislation Prohibited, 7. 

Speech, Freedom of, 3. 

St. Clair, Arthur, 2. 

State Agency, 17. 

State Fair, 22. 

State House, Custodian of, 20. 

State Institutions, 23-24. 

Statistician, 13. 

Suffrage, 4. 

Superintendent of Public Instruction, 13. 

Superior Courts, 27. 



Supreme Court, 26; Clerk of, 13-14; 

Library, 28; Reporter of, 14. 
Surveyor, County, 33. 

Tax Commissioners, State Board of, 

17-18, 44. 
Taxation, 43. 
Teachers, Examining and Licensing of, 

15. 
Title of Nobility, 4. 
Town Government, 40. 
Township, 38; Advisory Board, 38; 

Assessor, 39; Trustee, 38. 
Treason, 4. 
Treasurer, City. 32, 41; County, 31-32; 

State, 12. 
Trees, Protection of, 20. 
Trial, Public, 3. 
Truancy Board, 17. 
Truant Officer, 35. 
Tuberculosis Hospital, 24. 

United States Senators, Election of, 

9. 
University, Indiana, 23. 

Veterinarian, State, 21. 

Vicksburg Battlefield Commission, 22. 

Vital Statistics, State Board of Health 

to Keep Record of, 14. 
Voters, Qualifications, 4. 

Weights and Measures, 15. 
Works, Board of Public, 42. 



MAR 



1912 



iiSM.SLE.ffi NG »Ks 



P. 027 272 408 8 



